Shyambabu@Shaymu and Ors. Vs State (Govt of NCT Delhi)

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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: 14.07.2025

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CRL.M.C. 8076/2024 SHYAM BABU @ SHYAMU& ORS. .....Petitioners Through: Ms. Aatika, Adv. Petitioners in person.

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versus STATE(GOVT OF NCT DELHI) &ANR. … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Satish Kumar and ASI Mahesh, P.S.Mangolpuri. Mr. Aman Giri, Adv. for R-2. R-2 is present 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 BharatiyaNagarik Suraksha Sanhita, 2023, seeking quashing ofFIR No. 346/2019, dated 30.09.2019, registered at P.S Mangolpuri under sections 323/354/509/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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On 21.03.2019, Petitioner No. 2 held Respondent No.2’s hand and when she objected to the same, Petitioner No. 2 slapped her

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CRL.M.C. 8076/2024 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 5.07.2025 15:19:56

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thereby prompting her to slap him back. Thereafter Petitioner No. 1 verbally abused her, pulled her dupatta and threw it away. In pursuance to the same, Petitioner No. 3 also arrived and abused Respondent No. 2 leading to a physical altercation between the parties. Residents from the nearby slum intervened and gave beatings to Petitioner Nos. 1-3. Thereafter, Respondent No.2 lodged an FIR No. 346/2019, dated 30.09.2019, at P.S Mangolpuri under sections 323/354/509/34 IPCagainst Petitioner Nos.1-3. Charge sheet has been filed under sections 323/354/509/34 IPC against the petitioners.

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During the pendency of the proceedings, the parties have amicably resolved their disputes and executed a Memorandum of Understanding dated 18.09.2024. The copy of Memorandum of Understanding dated 09.09.2024has been placed on record as Annexure B.

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Petitioners nos. 1 to 3 are physically present before the Court while respondent no.2 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Satish Kumar and ASI Mahesh from PS Mangolpuri

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Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and has

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CRL.M.C. 8076/2024 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 5.07.2025 15:19:56

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no objection if the FIR No. 346/2019 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. 346/2019is 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 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. 346/2019, dated 30.09.2019, registered at P.S Mangolpuri under sections 323/354/509/34 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. 346/2019, dated 30.09.2019, registered at P.S Mangolpuri under

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CRL.M.C. 8076/2024 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 5.07.2025 15:19:56

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sections 323/354/509/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed subject to the petitioners depositing Rs.5000/- each as cost of proceedings with Delhi Legal Services Authority within a period of 30 days.

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