Mahender Gandhi and Ors. Vs the State and Anr. & Ors. — Delhi HC (2025) — LawSathi Research

Mahender Gandhi and Ors. Vs the State and Anr. & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: FIR No. 29/2014 and all consequential proceedings quashed, subject to petitioners paying Rs. 10,000/- each to the DHCLSC within 4 weeks; costs earmarked for counselling of victims; proof of payment to be placed on record, failing which the file will be put before the Court.

Issue for consideration

Whether FIR No. 29/2014 (Sections 323/341/354/509/34 IPC, PS Vikaspuri) and all consequential proceedings should be quashed in view of the parties' settlement dated 23.05.2024.

Court's answer

Given the voluntary settlement between the parties, no useful purpose would be served in prosecuting the FIR further; quashing such proceedings on account of compromise would bring peace and secure the ends of justice; it is a fit case for quashing.

Ratio / Principle

Application CRL.M.A. 559/2025-EX is allowed subject to all just exceptions and stands disposed of.

¶CRL.M.A. 559/2025-EX

Key takeaways

Because the FIR dates to 2014, charges had already been framed and the entire prosecution evidence was over, considerable judicial time had been wasted; therefore the petitioners must pay costs.ratio¶8
Subject to the petitioners paying Rs. 10,000/- each to the DHCLSC within 4 weeks, FIR No. 29/2014 along with all consequential proceedings are quashed.ratio¶9
The costs imposed are directed to be used for counselling of victims.

Detailed headnote1 paragraphs

Delhi High Court (Jasmeet Singh, J.), CRL.M.C. 94/2025, order dated 10.03.2025: Petition for quashing of FIR No. 29/2014 registered under Sections 323/341/354/509/34 IPC at PS Vikaspuri (alleged beating of complainant with sticks over society accounts; injuries simple) disposed of with the FIR and all consequential proceedings quashed. The parties, who are neighbours, had voluntarily settled their disputes by settlement dated 23.05.2024, with the complainant agreeing to cooperate in quashing; the Court found no useful purpose in continued prosecution and held quashing on compromise would bring peace and secure the ends of justice. However, noting that charges stood framed and the entire prosecution evidence was complete, thereby wasting considerable judicial time, costs of Rs. 10,000/- were imposed on each petitioner, payable to the DHCLSC within four weeks, to be used for counselling of victims, with proof of payment to be placed on record. Application CRL.M.A. 559/2025-EX allowed subject to all just exceptions.

$~55

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 94/2025 MAHENDER GANDHI AND ORS

.....Petitioner

Through: Mr. AK Mishra, Adv. versus

THE STATE AND ANR & ORS.

.....Respondent Through: Mr. Sunil Kr. Gautam, APP WSI Damini, PS Vikaspuri

CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 10.03.2025

CRL.M.A. 559/2025-EX.

Allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 94/2025

This is a petition seeking quashing of the FIR No. 29/2014 registered under Sections 323/341/ 354/509/34 of IPC at PS Vikaspuri.

As per the FIR, the petitioners had beaten the complainant with sticks on account of disputes over the accounts of the society. The nature of injuries suffered by the complainant is opined to be simple in nature.

During the pendency of the proceedings, the parties have arrived at a settlement dated 23.05.2024, wherein the parties have settled their disputes and complainant has agreed to cooperate in quashing of the FIR.

Both the parties are stated to be neighbours and have amicably settled their disputes.

This is a digitally signed order. 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 17/03/2025 at 11:08:45

The parties are present through video conferencing mode and have been identified by Mr. AK Mishra, learned counsel.

Parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence.

I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes. I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings as permitted to continue any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

However, in my considered opinion, considerable judicial time has been wasted as the present FIR is of the year 2014. Charges have been framed and the entire prosecution evidence is also over. Hence, the petitioners must pay some costs.

Subject to the petitioners paying Rs. 10,000/- each to the DHCLSC within 4 weeks from today, the aforementioned FIR alongwith all consequential proceedings are quashed.

The costs shall be used for counselling of the victims.

The proof of payment of costs shall be placed on record, failing which, the file will be put before the Court.

The petition is disposed of in the aforesaid terms.

JASMEET SINGH, J

MARCH 10, 2025 / (MS)

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This is a digitally signed order.

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 17/03/2025 at 11:08:45