IN THE HIGH COURT OF DELHI AT NEW DELHI
KIMAYA ENERGY LTD. & ORS. VS. STATE &ANR.
CRL.M.C. 6230/2025
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6230/2025 SHYAMLAL & ANR. .....Petitioners Through: Mr. Harshvardhan, Adv. along with petitioners versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Mr. Bhuman Bansal, Ms. Gursharan Kaur and Ms. Divya Bakshi, Advs.
SI Mohd. Salim Khan, PS Mandawali Fazalpur R-2 along with his mother in person CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 15.12.2025
1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) has been filed by the petitioners praying for quashing of FIR No. 310/2021 registered at Police Station Mandawali Fazalpur, for the offences punishable under Sections
323/451/354/509/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).
2. The brief facts of the case are that the petitioners and respondent no. 2 are residents of same vicinity. On 17.06.2021, at around 2:00 PM, the petitioners, unlawfully entered respondent no. 2‟s house and abused his aunt. Upon respondent no. 2 intervening, the petitioner allegedly misbehaved with his mother, attempted to outrage her modesty by using criminal force and inappropriate touching, and assaulted respondent no. 2. Thereafter, respondent no. 2 got the present FIR registered.
3. Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.
4. Settlement Agreement dated 05.06.2025 is on record and has been annexed as “Annexure P-3”. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 310/2021 registered at Police Station Mandawali Fazalpur against the petitioners.
5. Mrs. „S‟, mother of respondent no. 2, who is also a victim in the FIR in question and though not a party to the present petition, is present before this Court. She submits that she has amicably settled the entire dispute with the petitioners and has no objection to the quashing of the present FIR, as she does not wish to pursue the proceedings any further and seeks to bring the matter to a quietus.
6. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise.
7. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
8. Heard learned counsel for the parties and perused the record.
9. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Mandawali Fazalpur. Respondent no. 2 and his mother Mrs. „S‟ are also present in the Court and they have been identified by the counsel and the Investigating Officer.
10. On a query made by this Court, respondent no. 2 and his mother has categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled between the parties.
11. Keeping in view the fact that the matter stands amicably settled between the petitioners and the victims without any pressure, no fruitful purpose would be served by keeping the matter pending.
12. In view of the fact that the parties are residents of same vicinity and they have arrived at a settlement and further having regard to the fact that the injury suffered by the complainant/respondent no. 2 is simple in nature, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
13. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.
14. Hence, in ligh
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