Dharmender @ Bhura & Anr v. State (Govt. of NCT of Delhi) & Anr

O R D E R %

12.11.2025

¶1The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.457/2016 under Sections 308/394/506/34 IPC, registered at Police Station Shalimar Bagh and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

¶2Ms. Richa Dhawan, learned APP appearing on behalf of the State accepts notice.

¶3The petitioners are present in Court and the respondent no.2/complainant joined the proceedings through VC. They have been identified by the learned counsel for the petitioner as well as SI Saurabh Kumar, PS-Shalimar Bagh.

¶4The brief facts of the case are that a physical altercation took place between the petitioners and the respondent no.2, in which the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. no.2 sustained injuries and he was taken to Fortis Hospital, Shalimar Bagh, Delhi and a complaint in this regard was made by the complainant, which led to the registration of the above FIR.

¶5During pendency of the proceedings, due to the intervention of common family friends, the parties have resolved all their disputes amicably without any coercion or pressure and a memorandum of understanding dated

05.04.2025 to that effect was executed between the petitioners and the respondent no.2, which is annexed as Annexure-C.

¶6On a query posed by the Court, the complainant states that he has settled the matter with the petitioners and does not want to prosecute the criminal proceedings any further and he has no objection in case the FIR is quashed.

¶7Further, this Court notes from the MLC of the respondent/claimant that no injury was found on the person of the complainant.

¶8In view of the fact that the complainant did not suffer any injury, the petitioners as well as the respondent no.2 have amicably settled their disputes and further regard being had to the statement made by the complainant, this Court is of the view that no useful purpose will be served in continuation of criminal proceedings and it will be an exercise in futility.

¶9At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."

¶10It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed.

¶11Consequently, the petition is allowed and the FIR No.457/2016 under Sections 308/394/506/34 IPC, registered at Police Station Shalimar Bagh station alongwith all other proceedings emanating therefrom, is quashed.

¶12The petition along with pending application stands disposed of in the above terms.

¶13Order be uploaded on the website of this Court.

VIKAS MAHAJAN, J NOVEMBER 12, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2935/2025 DHARMENDER @ BHURA & ANR. .....Petitioners Through: Mr. Madhav Kundra, Advocates. versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Richa Dhawan, APP for State with SI Saurabh Kumar, PS-Shalimar Bagh. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN