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Himanshu Yadav and Ors. v. the State Govt of NCT and Anr.

Delhi HC6 May 2025CRL.M.C./577/2025

Case brief

AI extract

What is this about?

Quashing of FIR on settlement; CRL.M.C. 577/2025; Himanshu Yadav & Ors.; FIR No. 0461/2023 dated 18.09.2023 PS Fatehpur Beri; sections 308/452/34 IPC; charge sheet filed; Section 528 BNSS 2023; MoU/settlement Annexure B; compensation Rs. 50,000/-; Joint Registrar statements 16.04.2025; Gian Singh v. State of Punjab (2012) 10 SCC 303 relied on; Ravinder Dudeja J.; FIR, charge sheet and consequential proceedings quashed; petition allowed; cross FIR 0462/2023 sections 324/341/34 IPC.

What did the court decide?

Petition allowed; FIR No. 0461/2023 dated 18.09.2023 registered at P.S Fatehpur Beri under sections 308/452/34 IPC, alongwith the charge sheet and all other consequential proceedings emanating therefrom, quashed; pending applications disposed of. ¶41

Himanshu Yadav and Ors. Vs the State Govt of NCT and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 0461/2023 dated 18.09.2023 registered at P.S Fatehpur Beri under sections 308/452/34 IPC, the charge sheet and all proceedings emanating therefrom should be quashed on the basis of the settlement between the parties. +1 more

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Court's answer

In view of the settlement and the fact that the parties have put a quietus to the dispute, no useful purpose would be served in continuing with FIR No. 0461/2023 dated 18.09.2023 registered at P.S Fatehpur Beri under sections 308/452/34 IPC; accordingly the FIR, the charge sheet and all consequential proceedings emanating therefrom are quashed and the petition is allowed.

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Ratio / Principle

The court accepted the settlement as genuine and voluntary: Respondent No.2 stated the matter was settled without any force, fear or coercion, that he had received the entire settlement amount of Rs. 50,000/- from the Petitioners, and that he had no objection to quashing of FIR No. 0461/2023; the learned Additional PP for the State also had no objection.

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Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) — CRL.M.C. 577/2025 decided 06.05.2025: Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 0461/2023 dated 18.09.2023, P.S Fatehpur Beri (sections 308/452/34 IPC), charge sheet having been filed, on the basis of settlement between the parties. Parties had executed a Memorandum of Understanding (Annexure B); Joint Registrar recorded statements of Respondent No.2 and the injured father and brother verifying the voluntary and genuine nature of the settlement, receipt of cumulative compensation of Rs. 50,000/-, simple injuries, and absence of any objection to quashing. Relying on Gian Singh v. State of Punjab (2012) 10 SCC 303, and noting that Respondent No.2 confirmed settlement without force, fear or coercion and that the State (Additional PP) raised no objection, the Court held that no useful purpose would be served in continuing with the FIR since the parties had put a quietus to the dispute, and quashed the FIR, the charge sheet and all consequential proceedings. Petition allowed and disposed of; pending applications disposed of. (Cross FIR No. 0462/2023 under sections 324/341/34 IPC lodged by Petitioner No.1 noted.)

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$~85

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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% Date of decision: 06.05.2025

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- CRL.M.C. 577/2025 & CM APPLs. 2798-99/2025 HIMANSHU YADAV & ORS. .....Petitioners Through: Mr. M. Naushad, Advocate with all petitioners in persons.

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versus THE STATE (GOVT. OF NCT DELHI) & ANR.

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… Respondents Through: Mr. Satinder Singh Bawa, APP for State with SI Ravi Rana, DIU. Mr. Anish Kumar Singh, Advocate for R-2 with R-2 (through VC)

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA

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JUDGMENT (ORAL)

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RAVINDER DUDEJA, J.

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This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0461/2023, dated 18.09.2023, registered at P.S Fatehpur Beri under sections 308/452/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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A quarrel took place between the Petitioners and Respondent No.2 whereby the Petitioners attacked the Respondent No.2 and his

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CRL.M.C. 577/2025 Page 1 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:50:33

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father and brother with lathi and they sustained injuries. Thereafter, Respondent No.2 lodged the aforesaid FIR No. 0461/2023 against Petitioners. The charge sheet has already been filed. The Petitioner No.1 lodged a cross FIR No. 0462/2023 registered at P.S Fatehpur Beri under sections 324/341/34 IPC against the Respondent No.2 and his associates.

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During the proceedings, the parties have amicably resolved their disputes with the intervention of friends and close relatives and executed a Memorandum of Understanding (MoU) dated 24.01.2025. In pursuance of the Settlement, it is submitted that the parties will cooperate and join the proceedings of quashing of the aforesaid FIR and will not file any other complaint against each other. The copy of Memorandum of Understanding (MoU) dated 24.01.2025 has been placed on record as Annexure B.

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The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:-

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“16.04.2025

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Today, statement of respondent no. 2 (complainant) and statement of injured/victim father of Respondent no. 2, and injured/victim brother of Respondent no. 2 & 10 have been recorded to ascertain the veracity and the genuineness of the parties entering into settlement.

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CRL.M.C. 577/2025 Page 2 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:50:33

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Respondent no. 2 injured/victim lodged FIR No. 461/2023, Under Section 308/452/34 IPC, at PS Fatehpur Beri, Delhi and chargesheet has been filed against the petitioners.

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The respondent and injured state that they have voluntarily and without any pressure or coercion from anyone, & with the intervention of friends and family members and after obtaining due legal advice settled all entered into compromise/MOU/Settlement dated 27.01.2025 which is on record as Annexure B at page no. 3233 bearing their signatures. As per the settlement, the respondents have cumulatively received a sum of Rs. 50,000/- as compensation.

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Respondents have settled all their disputes with the Petitioners without any pressure or coercion from anyone, and they undertake to cooperate in the quashing of the abovesaid FIR.

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Respondents voluntarily without any pressure and coercion from anyone do not wish to pursue FIR No. 461/2023, Under Section 308/452/34 IPC, registered at PS Fatehpur Beri, Delhi in which the charge-sheet has already been filed.

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Respondents further states that they have no objections whatsoever if the present FIR and all proceedings emanating there from against the petitioners are quashed.

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Respondents undertake not to institute any other civil or criminal proceedings regarding the facts and circumstances leading to the registration of abovesaid FIR. It is stated that the respondents that did not sustain any major injury in the incident for which the abovesaid FIR was registered.

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Today separate statement of 10 has also been recorded, in which he has stated that the injuries suffered by respondents as per medical opinion, are simple in nature; and that the petitioners do not have any prior involvement or conviction if any criminal case.

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Respondent no. 2 and other injured have been duly identified by, their counsel & IO respectively.

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This pre verified report along with the petition may be placed before the Hon’ble Court on 06^th May, 2025 alongwith the statements recorded today.

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CRL.M.C. 577/2025 Page 3 of 5

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Signature Not Verified

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Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:50:33

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Petitioner Nos. 1 to 3 are physically present before the Court while respondedent No. 2 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Ravi Rana, from PS DIU.

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Respondent No.2 submits that the matter has been settled with the Petitioners without any force, fear, coercion and he has received the entire settlement amount of Rs. 50,000/- from the Petitioners. It is submitted that he has no objection if the FIR No. 0461/2023 is quashed against the Petitioners.

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0461/2023 is quashed.

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In Gian Singh Vs State of Punjab (2012) 10 SCC 303 , Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

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CRL.M.C. 577/2025 Page 4 of 5

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 7.05.2025 16:50:33

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In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0461/2023, dated 18.09.2023, registered at P.S Fatehpur Beri under sections 308/452/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom.

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In the interest of justice, the petition is allowed, and FIR No. 0461/2023, dated 18.09.2023, registered at P.S Fatehpur Beri under sections 308/452/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

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