Mohd. Rashid & Ors v. The State (Govt. Ofnct of Delhi) & Anr

JUDGMENT(ORAL)

RAVINDER DUDEJA, J.

¶1This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 29/2024, dated

27.01.2024, registered at P.S Amar Colony, Delhi under Sections 308/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

¶2At the very outset, the Ld. Counsel who appears for the petitioners submits that there is a typographical mistake in the number of FIR in the title of the petition as also in the prayer para, inasmuch as the correct FIR no. is 29/2024 and not 24/2024 as recorded therein.

¶3The submission made is taken on record.

¶4As per averments made in the FIR, on 24.01.2024 around 9:15 PM, respondent no. 2/complainant over an argument with petitioner no. 2, petitioner no. 1 & petitioner no. 2 physically assaulted him with a rolling pin while petitioner no. 3 restrained him. FIR No. 29/2024 was lodged at the instance of Respondent no. 2 under Sections 308/34 IPC against the petitioners.

¶5During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Memorandum of Understanding dated

13.11.2025, copy of which has been annexed as Annexure P-16.

¶6Petitioner no. 1, 2 and respondent no. 2 are physically present before the Court while petitioner no. 3 has entered her appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Kuldeep Lamba, from PS Amar Colony.

¶7Respondent 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. 29/2024 is quashed against the Petitioners.

¶8In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 29/2024 is quashed.

¶9In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "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."

¶10Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,

(2003) 4 SCC 675.

¶11In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

¶12The petition is allowed, and the FIR No. 29/2024, dated

27.01.2024, registered at P.S Amar Colony, Delhi under section 308/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioner depositing cost of Rs. 5,000/- with Delhi High Court Advocates Welfare Trust (account no. 15530210002995) maintained with UCO Bank within one month.

¶13Petition is allowed and disposed of accordingly.

¶14Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J November 18, 2025 SK

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18.11.2025 , , + CRL.M.C.8182/2025 & CRL.M.A. 34206/2025 EXEMPTION FROM FILING TRANSLATION MOHD. RASHID & ORS. .....Petitioners Through: Mr. Navdeep Suhag, Adv. with petitioner no. 1 and 2 in person. Petitioner no. 3 through VC. versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Satinder Singh Bawa, APP with SI Kuldeep Lamba, PS Amar Colony. Respondent no. 2 in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA