$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8170/2025 & CRL.M.A. 34138/2025 AZEEM CHOUDHARY ALIAS MUJEEBSSAN AND ANOTHER .....Petitioners Through: Mr. Javed Ahmad, Advocate with Petitioners (in-Person).

versus THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Hemant Mehla, APP for State.

SI Mohd. Ayyoob, P.S., Jafrabad.

Respondent No. 2 (in-Person).

+ CRL.M.C. 8185/2025 SAMSUDDIN @ ACHE AND ORS. .....Petitioners Through: Mr. Sandeep Lohra, Advocate with Petitioners (in-Person).

Vers us THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Hemant Mehla, APP for State.

SI Mohd. Ayyoob, P.S., Jafrabad.

Mr. Javed Ahmad, Advocate for R- 2 to 7 with R-2 to 7 (in-Persons).

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 04.12.2025

1. These petitions under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, “BNSS” (corresponding to Section 482 of Criminal Procedure Code,

1973, “CrPC”) seek quashing of the following FIRs: FIR No. 313/2011 [subject matter of CRL.M.C. 8170/2025] and FIR No. 306/2011 [subject matter of CRL.M.C. 8185/2025]. Both FIRs were registered at P.S. Jafrabad, the former under Sections 341/324/323/34 of the Indian Penal Code, 1860, “IPC”, and the latter under Sections 452/323/506/34 IPC. The petitions are founded on a settlement arrived at between the petitioners and the respective complainants in the two FIRs, namely Mohd. Salman and Azeem Choudhary @

Mujeebssan.

2. FIR No. 313/2011 was registered on the complaint of Mohd. Salman, alleging that on 12^th October 2011, while he and Farhat were talking to each other, Azeem, armed with an iron rod, and Farhat, armed with a knife, approached them and verbally abused him and his cousin Farid. When they resisted, Farhat allegedly attacked Salman with a knife, and Azeem assaulted Faird with an iron rod. The complainant later learnt that family members of Azeem had also had an altercation with his own family members. On these allegations, FIR No. 313/2011 came to be registered and, upon completion of investigation, chargesheet was filed under Sections

341/324/323/341 IPC.

3. FIR No. 306/2011 was registered on the complaint of Azeem, alleging that on the same day, 12^th October, 2011, the accused, namely, Ziauddin, Achhe, Nizam, Mainuddin and Jameel, entered his house armed with rods, sticks and knives and physically assaulted him and his family members. It is specifically alleged that Ziauddin assaulted the complainant with rods, Nizam assaulted Rafat, Mainuddin and Achhe assaulted Bablu with sticks,

and Jameel beat Gulista and Salima with kicks and punches. The accused threatened to kill them and thereafter fled the spot. On this basis, FIR No. 306/2011 was registered, and after investigation, chargesheet was filed under Sections 452/323/325/506/34 IPC.

4. The parties, with the intervention of relatives, and other respected members of the locality, engaged in negotiations and succeeded in amicably resolving their disputes. A Settlement Deed dated 21^st March, 2024, has been executed between them, a copy of which has been placed on record.

5. Both complainants are present before the Court in person and have been duly identified by the Investigating Officer. They have expressed their unequivocal consent to the settlement and their intent not to pursue the FIRs any further. They have filed Affidavit/No-Objection Certificate affirming that the compromise was entered into voluntarily, without any coercion, pressure, or undue influence. It has further been confirmed that the injuries suffered by the victims during the alleged altercation were simple in nature.

6. The Court has considered the submissions advanced by the parties. It is true that while offences under Sections 341, 323, 506 and 325 IPC are compoundable in certain cases, the offences under Sections 324 and 452 IPC are non-compoundable in nature. However, it is well settled that in exercise of its inherent powers under Section 528 BNSS (corresponding to 482 CrPC), the Court may, in appro