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Judgment
Ravinder Dudeja, J.
1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 162/2025, dated 06.03.2025, registered at P.S. Moti Nagar, Delhi under Sections 118(1)/3(5) BNS (324/34 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
As per averments made in the FIR, on 05.03.2025 following a dispute over an outstanding payment respondent No. 2, his son and his son’s friends were assaulted by petitioners at Petitioner No.1’s shop in Moti Nagar with a sharp edged weapon resulting in stab injuries to Respondent No. 2, his son and his son’s friend. FIR No. 162/2025 was registered at instance of Respondent No. 2 at PS Moti Nagar, Delhi under sections 118(1)/3(5) BNS against the petitioners. Chargesheet has since been filed under Sections 118(1)/118(2)/3(5) BNS.
Cross FIR No. 161/2025, dated 06.03.2025 arising out of the same incident has also been registered at instance of Petitioner No. 1 at PS Moti Nagar under Sections 115(2)/126(2)/3(5) of BNS against Respondent No. 2.
It has been submitted that during the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 05.07.2025. In terms of the aforesaid settlement, both parties have agreed for the quashing of case FIR No. 162/2025 and a cross FIR No. 161/2025. Copy of the Memorandum of Understanding dated 05.07.2025 has been annexed as Annexure P-2.
5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Praveen Kumar, from PS Moti Nagar.
Respondent No. 2 as does the other two injured namely Kapish and Bharat confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have no objection if the FIR No. 162/2025 is quashed against the Petitioners.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 162/2025 is quashed.
In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
"61.In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."
In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 162/2025, dated 06.03.2025, registered at P.S Moti Nagar, Delhi under section 118(1)/3(5) BNS and all the other consequential proceeding emanating therefrom.
In the interest of justice, the petition is allowed, and the FIR No. 162/2025, dated 06.03.2025, registered at P.S Moti Nagar, Delhi under section 118(1)/3(5) BNS and all the other consequential proceeding emanating therefrom is hereby quashed.
Petition is allowed and disposed of accordingly.
Pending application(s), if any, also stand disposed of.