$~171 & 172

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9101/2024

ASHISH KUMAR MISHRA AND ORS .....Petitioners

versus

STATE OF NCT OF DELHI AND ORS. .....Respondents

+ CRL.M.C. 162/2025

SUNIL SHARMA & ANR. .....Petitioner

versus

STATE OF NCT OF DELHI & ANR. .....Respondent

Appearances: Mr. Hitesh Vali, APP for the State alongwith Insp.

Chandra Prakash, P.S. DIU/South.

Mr. Vivek Sood, Sr. Advocate with Ms. Geetika Verma, Mr. Harsh Kumar and Mr. Sunil Yadav, Advocates for petitioners in item 171 and for

respondent No. 2 in item 172.

Mr. Neeraj Gupta and Ms. Tajinder Kaur, Advocates for petitioners in item 172 and for respondent Nos. 2

to 4 in item 171.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 15.01.2026

CRL.M.A. 34889/2024 in CRL.M.C. 9101/2024 & CRL.M.A.

861/2025 in CRL.M.C. 162/2025 (for exemption) Exemption allowed, subject to all just exceptions.

The applications stand disposed of.

CRL.M.A. 34890/2024 in CRL.M.C. 9101/2024 (for condonation of delay in re-filing)

This is an application seeking condonation of delay of 50 days in re-filing of the petition.

For the reasons stated, the application is allowed, and the delay in is condoned.

The application stands disposed of.

CRL.M.C. 9101/2024 & CRL.M.C. 162/2025

1. Issue notice. Mr. Hitesh Vali, learned Additional Public Prosecutor, accepts notice on behalf of the State. Notice is accepted by Mr. Neeraj Gupta, learned counsel, on behalf of the complainant in CRL.M.C. 9101/2024. Notice is accepted by Mr. Vivek Sood, learned Senior Counsel, on behalf of the complainant in CRL.M.C. 162/2025.

2. The present petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 482 of the Criminal Procedure Code, 1973 [“CrPC”]) seek quashing of two FIRs, being FIR No. 577/2015 [subject matter of CRL.M.C. 9101/2024] and FIR No. 576/2015 [subject matter of CRL.M.C. 162/2025]. Both FIRs are dated 30.05.2015, and were registered at Police Station Hauz Khas, New Delhi. FIR No. 577/2015 is registered under Sections 324/509/34 of the Indian Penal Code, 1860 [“IPC”], and FIR No. 576/2015 under Sections 323/341/427/34 of the IPC. The petitions are founded on a settlement arrived at between the parties. The respective complainants in the two FIRs, have been arrayed as respondent No. 2 in each petition.

3. The petitions are taken up for hearing together with the consent of learned counsel for the parties.

4. The cross-FIRs have been filed by neighbours, against each other. Both arise out of an incident which took place on 29.05.2015. In FIR No. 577/2015, the allegation against the accused petitioners in CRL.M.C. 9101/2024, viz. Ashish Kumar Mishra, Alok Kumar, and Abhinav Sharma, is that they misbehaved with the complainant’s wife [respondent No. 4 therein] and Guddu Sharma [respondent No. 3 therein], and attempted to hurt the complainant with a knife, leading to an injury in his right upper limb. On the other hand, in FIR No. 576/2015, the allegation against the accused petitioners in CRL.M.C. 162/2025, viz. Sunil Sharma and Guddu Sharma, is that the complainant alongwith his friends was standing near their car, when Guddu Sharma was allegedly staring at them, and upon being asked why, the petitioners started beating them with bats and also broke the car’s glass. Chargesheets have also been filed.

5. Learned counsel for the parties submit that the dispute between the parties arose out of misunderstanding, and the parties have settled the disputes amicably.

6. The Medico-Legal Certificate in both the cases show simple injuries.

7. The present petitions have now been filed for quashing of the FIRs, as regards certain non-compoundable offences.

8. I have heard learned counsel for the parties. All parties are present and are identified by the Investigating Officer and by their learned counsel. The parties have confirmed before the Court that they have settled their disputes and do not wish to proceed with the criminal proceedings against each other.

9. Even in the case of