Vicky Kapoor and Ors. Vs State NCT of Delhi and Anr.

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5386/2025

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VICKY KAPOOR AND ORS .....Petitioners

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Through: Ms. Rekha Rani Sharma, Adv. with the petitioners in person

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Upasna Bakshi, Adv. along with SI Vinay Kumar, PS Farsh Bazar Respondent no. 2 in person

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CORAM:

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HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R

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% 09.10.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR no. 317/2025 registered at Police Station Farsh Bazar for the offences punishable under Sections 115(2)/126(2)/351(2)/3(5)/324(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”).

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2. The brief facts of the case are that respondent no. 2 took his ailing mother Vidya Devi to Dr. Hedgewar Hospital on 03.06.2025 at about 11:30, where an altercation over registration at the counter allegedly led to the gates being closed on the instructions of petitioner no. 2, along with

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2025 at 12:53:57

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respondent no. 2‟s confinement, and his assault by the petitioners. Pursuant thereto, FIR was registered.

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3. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

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4. Settlement deed dated 23.07.2025 is on record and has been annexed as “Annexure P-2”. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 317/2025 registered at Police Station Farsh Bazar against the petitioners.

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5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

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7. Heard learned counsel for the parties and perused the record.

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8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Farsh Bazar. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

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9. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2025 at 12:53:57

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10. Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending.

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11. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom. 12. In the present case, the State machinery has been put into motion and the police has been involved in concluding the investigation and further the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners. In the facts and circumstances of the present case, all the petitioners are directed to deposit a cost of ₹5,000/- each with the Delhi High Court Legal Services Committee within a period of two weeks from today.

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13. Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303 , FIR 317/2025 registered at Police Station Farsh Bazar for the offences punishable under Sections 115(2)/126(2)/351(2)/3(5)/324(2) of the BNS, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to payment of cost of ₹5,000/-, on each of the petitioners which shall be deposited with the Delhi High Court Legal Services Committee within a period of one week from today. The receipt of payment is to be deposited and verified by the concerned IO.

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14. The petition alongwith pending application(s), if any, stands disposed of.

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AJAY DIGPAUL, J

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OCTOBER 9, 2025 Sk/yr

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/10/2025 at 12:53:57

Vicky Kapoor and Ors. v. State NCT of Delhi and Anr.

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