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2026 Supreme(Online)(Del) 3656

IN THE HIGH COURT OF DELHI AT NEW DELHI
SAMARTH MALHOTRA VS. STATE OF NCT OF DELID & ANR.
CRL.M.C. 7591/2025



$~22 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7591/2025 VIJAY KUMAR BHARTI & ORS. .....Petitioners versus STATE THROUGH SHO PS SULTANPURI & ORS. .....Respondents + CRL.M.C. 7696/2025 SACHIN & ORS. .....Petitioners versus THE STATE OF NCT OF DELHI AND ORS .....Respondents Appearance:- Mr. Brahmanand Gupta, Advocate for Petitioners in Item Nos. 22 & 23.

Mr. Hitesh Vali, APP with Ms. Pragati Gupta and Mr.

Samar Pratap Singh, Advocates.

SI Braham Prakash, PS Sultan Puri.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 09.02.2026

1. The present petitions under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 482 of Criminal Procedure Code, 1973) seek quashing of two FIRs, being FIR No. 908/2017 dated 22.12.2017 for offences punishable under Sections 324/509/34 of the Indian Penal Code, 1860, [“IPC”] (subject matter of CRL.M.C. 7591/2026) and FIR No. 902/2017 dated 21.12.2017 for offences punishable under Sections 323/324/354B/356/379/34 of the IPC (subject matter of CRL.M.C. 295/2026), alongwith all consequential proceedings emanating therefrom, on the basis of settlement arrived at between the parties. Both FIRs were registered at Police Station Sultanpuri, Outer District, Delhi.

2. Issue notice. Mr. Hitesh Vali, learned Additional Public Prosecutor, accepts notice on behalf of the State in both petitions. Respondent No. 2 in CRL.M.C. 7591/2026 appears in person and accepts notice. Mr. Brahmanand Gupta, learned counsel, accepts notice on behalf of the respondents in CRL.M.C. 295/2026.

3. The cross-FIRs have been filed by neighbours against each other and arise out of the same incident dated 19.12.2017.

4. In CRL.M.C. 7591/2026, the allegation is that on 19.12.2017, respondent No. 3 - the son of the complainant/respondent No. 2 - was allegedly assaulted by neighbouring persons, i.e., petitioners herein, near Sanjay Gandhi Khatta while returning home, after which respondent No. 2 reached the spot and was also allegedly abused and physically assaulted by several neighbours. Upon completion of investigation, a chargesheet was filed in August 2018. The case [Cr. Case 4265/2018] is pending before the Court of Judicial Magistrate First Class (Mahila Court) [“JMFC”], District North West, Rohini Courts, and is next listed on

30.04.2026 for framing of charges.

5. On the other hand, FIR No. 902/2017, which is the subject matter of CRL.M.C. 295/2026, was registered on the complaint of the petitioners in CRL.M.C. 7591/2026, alleging that on 19.12.2017, the petitioners herein assaulted them, molested respondent No. 2’s sister-in-law, snatched her mangalsutra, and attacked her husband with a sharp object. Upon completion of investigation, a chargesheet was filed in September 2018. The case [Cr. Case No. 665/2019] is pending before the Court of JMFC, District North West, Rohini Courts, Delhi, at the stage of miscellaneous appearance, and is next listed on 21.04.2026.

6. The Medico-Legal Case [“MLC”] Reports in both cases show simple injuries.

7. During the pendency of the proceedings, with the intervention of common friends and neighbours, the parties entered into a settlement on 11.09.2019 at the Delhi Mediation Centre, Rohini Courts, covering 18 FIRs and criminal cases filed by them against each other. The settlement agreement bears signatures of the parties, their respective counsel, and the learned Mediator.

8. Affidavits of the respective complainants, signifying their no objection to the quashing of the impugned FIRs and all consequential proceedings arising therefrom, have also been placed on record.

9. I have heard learned counsel for the parties. Some of the parties are present in Court, while others are appearing on video conference, and they have been identified by the Investigating Officer and Mr. Gupta.

10. I am informed that most of the proceedings have already been resolved. The complainants in both cases state that the allegations against each other arose out of a misunderstanding s

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