Mohd Yasir Vs State Gnct Delhi & Anr.

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$~93

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

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% Date of decision: 17.07.2025

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CRL.M.C. 700/2025 MOHD. YASIR .....Petitioners Through: Mr. Homd. Yasin, Mr. Dawneesh C. And Mr. Sami Ahmed, Advs. along with petitioner in person.

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versus STATE GNCT DELHI & ANR. … Respondents Through: Mr. Hitesh Vali, APP for the State with SI Akshay Dagar with IO ASI Suresh Chand, PSShaheen Bagh. Mr. Ketan P., Adv. for R2 along with R2 in person.

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CORAM:HON'BLE MR. JUSTICE RAVINDER DUDEJA 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 ,seeking quashing of FIR No. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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As per allegations in the FIR, petitioner caused head injury to respondent no. 2 with an iron pipe. Charge-sheet has been filed before

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CRL.M.C. 700/2025 Page 1 of 3

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 7.07.2025 19:15:20

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the Trial Court and charge under Section 308 IPC has since been framed against the petitioner.

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During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 27.01.2025. The copy Memorandum of Understanding dated 27.01.2025 has been placed on record as Annexure P-3.

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Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Suresh Chand from PS Shaheen Bagh.

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Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 325/2022 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. 325/2022 is quashed.

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In Gian Singh vs State of Punjab (2012) 10 SCC 303 , Hon’ble Supreme Courthas 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

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CRL.M.C. 700/2025 Page 2 of 3

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Signature Not Verified

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Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 7.07.2025 19:15:20

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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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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. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all the other consequential proceeding emanating therefrom.

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In the interest of justice, the petition is allowed, and the FIR No. 325/2022, dated 04.09.2022, registered at P.S Shaheen Bagh, Delhi under sections 308 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to the payment of cost of Rs. 20,000/- (Rupees twenty thousand only) to be deposited with Delhi State Legal Services Authority within a month.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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RAVINDER DUDEJA, J

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JULY 17, 2025 SK

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CRL.M.C. 700/2025 Page 3 of 3

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 7.07.2025 19:15:20

Mohd Yasir v. State Gnct Delhi & Anr.

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Mohd Yasir v. State Gnct Delhi & Anr.

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