Kadim & Ors. Vs State of NCT of Delhi & Anr.

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$~83

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8965/2025, CRL.M.A. 37437/2025 & CRL.M.A. 37438/2025

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KADIM & ORS. .....Petitioners

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Through: Mr. Ravinder Singh, Adv. along with petitioners

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Roshan Lal, PS Amar Colony R-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 % 16.12.2025

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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. 431/2018 registered at Police Station Amar Colony for the offences punishable under Sections 452/323/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).

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2. The brief facts of the case are that on 22.09.2018, at around 1:30 PM, the petitioners, armed with iron rods and dandas, forcibly trespassed into the house of respondent no. 2’s uncle, and assaulted respondent no. 2’s family members and neighbours.

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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 22/12/2025 at 12:06:51

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3. Learned counsel appearing on behalf of the petitioners 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. Memorandum of Understanding (hereinafter, “MoU”) dated 04.12.2025 is on record and has been annexed as “Annexure B”. Qua this MoU, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 431/2018 registered at Police Station Amar Colony 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 Amar Colony. 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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10. Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending.

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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 22/12/2025 at 12:06:51

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11. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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12. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

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13. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303 , FIR No. 431/2018 registered at Police Station Amar Colony for the offences punishable under Sections 452/323/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners.

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

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AJAY DIGPAUL, J

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DECEMBER 16, 2025 /ar/dd

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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 22/12/2025 at 12:06:51

Kadim & Ors. v. State of NCT of Delhi & Anr.

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Kadim & Ors. v. State of NCT of Delhi & Anr.

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