Umesh Kumar v. The State NCT of Delhi & Anr

J U D G M E N T (oral)

¶1Petitioner seeks quashing of FIR No. 0376/2024 dated 04.08.2024, registered at Police Station Civil Lines, for commission of offence under Section 110 of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 308 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

¶2Aforesaid FIR has been registered on the basis of complaint made by respondent No. 2 herein. Alleged incident happened on 04.08.2024 when an altercation took place between petitioner and respondent No. 2 at the time of

one ongoing demolition drive of L&DO and MCD. Certain scrap items were being cleared from the adjacent shop when a scuffle took place in which petitioner herein had given injuries to complainant (respondent No. 2 herein) with iron water pipe.

¶3Charge-sheet has already been filed and charges have also been ascertained.

¶4Quashing is being sought as the matter has been amicably settled between the parties. Reliance is placed on Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303.

¶5Copy of Settlement Deed dated 23.03.2026 is on record.

¶6Respondent No. 2 is present in Court and has been duly identified by his counsel and investigating officer, who are present in Court.

¶7When asked, respondent No. 2 reiterated the terms of settlement and submitted that a scuffle had taken place on account of minor misunderstanding as scrap articles were being removed from the shop in question. He submits that petitioner herein has already tendered his apology which he has accepted and has also agreed to accept compensation towards reimbursement of his medical expenses. He submits that entire such compensation amount has already been received by him.

¶8Respondent No. 2 also submits that he has entered into settlement voluntarily, without any fear, coercion, pressure, force or influence and also understands the implication of the settlement. He reiterates that since the matter has been amicably resolved and he has fully recovered from his injuries, he would have 'no objection' to the quashing of FIR in question.

¶9During the proceedings also, petitioner tendered his apology which was, again, accepted by respondent No. 2.

¶10Petitioner has, reportedly, no bad antecedents.

¶11In Narinder Singh & Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, the Apex Court had observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak.

¶12Reference be also made to the judgments in Antonnette Promilla Fernanadez v. State NCT of Delhi and Another 2026 SCC OnLine Del 809 and Mohd. Rashid & Ors. V. The State (Govt. Of Nct Of Delhi) & Anr. (in CRL.M.C.8182/2025; DoD 18.11.2025), wherein this Court quashed the proceedings arising out of Sections 308/34 IPC after considering the nature of the offence and amicable settlement between the parties.

¶13Keeping in mind the aforesaid and in order to facilitate both the sides in maintaining and restoring cordiality, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash both the FIR.

¶14Consequently, to secure the ends of justice, FIR No. 0376/2024 dated

04.08.2024, registered at Police Station Civil Lines, for commission of offence under Section 110 of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 308 IPC), along with all consequential proceedings arising therefrom, is quashed.

¶15Settlement Deed dated 23.03.2026 and original affidavits of the parties, copies of which have been filed with the present petition, shall be submitted before the learned Trial Court within four weeks from today so that these become part of Trial Court Record.

¶16The petition stands disposed of in aforesaid terms.

¶17Pending applications also stand disposed of.

(MANOJ JAIN) JUDGE AUGUST 20, 2026/dr/js

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20thAugust, 2026 # CNR No. DLHC010389032026 + CRL.M.C. 6130/2026, CRL.M.A. 25642/2026 & CRL.M.A. 25643/2026 UMESH KUMAR .....Petitioner Through: Mr. Sachin Yadav and Mr. Gyanadutta Chouhan, Advocates along with petitioner-in-person versus THE STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Aashneet Singh, APP for State/R-1 with SI Prince Gautam and ASI Arun Singh, PS Civil Lines Mr. Rayyan Muzeeb, Mr. Talka Mehboob and Mr. Ajay, Advocates for R-2 along with R-2 in person CORAM: HON'BLE MR. JUSTICE MANOJ JAIN