Sachin Kumar Sharma & Anr v. The State NCT of Delhi and Anr

J U D G M E N T (oral)

¶1All the three petitions have been taken up together as they emanate from cross FIRs.

¶2An incident had taken place on the night intervening 07.08.2016 and

08.08.2016, which resulted in registration of three separate FIRs. These are FIR No. 305/2016, FIR No. 306/2016 and FIR No. 307/2016. These were registered by Police Station GTB Enclave.

¶3As per FIR No. 305/2016, complainant Rajan claimed that both the accused persons i.e. Sachin Kumar Sharma and Pawan had attacked him. He claimed that said two assailants were carrying iron rod and some sharp object and he was assaulted with those. He was rushed to hospital by his neighbour Rahul. FIR was registered for commission of offences under Sections 307/308/34 IPC and the injuries, as already noticed above, were sustained by Rajan only.

¶4FIR No. 306/2016 is a cross FIR as it is registered on the basis of complaint made by said Sachin Kumar Sharma, who rather claimed that he was assaulted by Rajan and one Vipin (since deceased). According to him, assailants were armed with iron rod and he was given blow on his head with such iron rod. FIR has been registered for commission of offences under Sections 308/34 IPC.

CRL.M.C. 3056/2026, CRL.M.C. 1329/2026 & CRL.M.C. 2997/2026 3

¶5The third FIR is FIR No. 307/2016 and it has been registered on the basis of complaint made by mother of aforesaid Sachin Kumar Sharma, who claimed that all the accused persons had come armed and had beaten her up and indulged into some robbery and had caused damage to their vehicle. She also claimed that her clothes were also torn. There are five accused persons in the aforesaid FIR i.e. Rajan, Sunny, Sandhya, Sumit and Soniya.

¶6All the three matters have been amicably settled amongst the parties, who are residents of the same locality.

¶7Copy of Memorandum of Understanding dated 02.06.2025 is on record, which has been signed by all concerned complainants/injured persons.

¶8Sachin Kumar Sharma is present with his mother and they both are complainants in case FIR No. 306/2016 and FIR No. 307/2016 respectively.

¶9Rajan, who is petitioner No. 1 in CRL.M.C. 3056/2026 and CRL.M.C. 2997/2026 and respondent No. 2 in CRL.M.C. 1329/2026, is lodged in Jail. He has joined the proceedings through videoconferencing as per directions given by this Court on the last date. He has been duly identified by concerned Jail Official.

¶10When asked, all the complainants in the aforesaid three cases reiterated the terms of the settlement and submitted that they would have no objection if the respective FIRs are quashed. They submit that they have entered into settlement voluntarily, without any fear, coercion, pressure, force or influence and also understand the implication of the settlement. They reiterate that since the matters have been amicably resolved, they would have 'no objection' to the quashing of FIRs in question.

¶11Learned counsel for the petitioners rely upon Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303. They also refer to Narinder Singh &

CRL.M.C. 3056/2026, CRL.M.C. 1329/2026 & CRL.M.C. 2997/2026 4

Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, wherein the Apex Court has 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 made to 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.

¶13All the three cases are at the stage of prosecution evidence and since matters have been amicably settled between the parties, no real purpose would be achieved by keeping these cases pending.

¶14Keeping 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 all the FIRs.

¶15Consequently, to secure the ends of justice, FIR No. 305/2016, FIR No. 306/2016 and FIR No. 307/2016, registered by Police Station GTB Enclave, along with all consequential proceedings arising therefrom, are quashed.

¶16Memorandum of Understanding dated 02.06.2025 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.

CRL.M.C. 3056/2026, CRL.M.C. 1329/2026 & CRL.M.C. 2997/2026 5

¶17The petitions stand disposed of in aforesaid terms.

¶18Pending applications also stand disposed of.

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

CRL.M.C. 3056/2026, CRL.M.C. 1329/2026 & CRL.M.C. 2997/2026 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 20th August, 2026 # CNR No. DLHC011103942025 + CRL.M.C. 3056/2026 & CRL.M.A. 12436/2026 RAJAN & ANR. .....Petitioner Through: Mr. R.K. Gupta and Aniket Chauhan, Advocates versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Aashneet Singh, APP for State with SI Anil Kumar, PS GTB Enclave # CNR No. DLHC011098352025 + CRL.M.C. 1329/2026 & CRL.M.A. 5338/2026 SACHIN KUMAR SHARMA & ANR. .....Petitioner Through: Mr. R.K. Gupta and Aniket Chauhan, Advocates versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Aashneet Singh, APP for State with SI Anil Kumar, PS GTB Enclave # CNR No. DLHC011103832025 + CRL.M.C. 2997/2026 & CRL.M.A. 12181/2026 RAJAN & ORS. .....Petitioner Through: Mr. R.K. Gupta and Aniket Chauhan, Advocates versus CRL.M.C. 3056/2026, CRL.M.C. 1329/2026 & CRL.M.C. 2997/2026 2 THE STATE & ANR. .....Respondent Through: Mr. Aashneet Singh, APP for State with SI Anil Kumar, PS GTB Enclave CORAM: HON'BLE MR. JUSTICE MANOJ JAIN