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Judgment
Petitioners herein seek quashing of FIR No.587/2024 dated 18.10.2024, registered at Police Station Sagar Pur for commission of offences under Sections 110/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 308/34 IPC), along with all consequential proceedings arising therefrom, on the basis of amicable settlement with the concerned injured persons.
The abovesaid FIR was registered on the basis of the report lodged by Mohammad Illiyas (respondent No.2 herein). On the date of the incident i.e. 17.10.2024, he along with his nephew Mohd. Momin had gone to Sagar Pur to buy some vegetables. While purchasing vegetables from a vegetable seller (Petitioner No.1 Pintu), a dispute took place with respect to the rate of the vegetables. Soon, confrontation turned from bad to ugly and said redhiwala along with his two accomplices roughed up Mohd. Illiyas, his nephew Momin and Arjun.
On various previous dates, there was direction to place on record the MLCs of all the three victims.
Learned Addl. P.P. for the State seeks permission to place on record the same.
MLCs of all the three injured persons are taken on record. All the injuries, eventually, were found to be simple in nature.
The quashing, as already noticed above, is being sought on the basis of amicable settlement between the parties.
All the three injured persons are present and they have been duly identified by the Investigating Officer.
Petitioners are also present in Court. There is no prior antecedent of the petitioners herein.
MoU dated 11.11.2024 is also on record.
All the three injured persons reiterate the terms of settlement and submit that they have reconciled all the disputes with the petitioners and that they do not want any kind of compensation from the petitioners and have entered into the abovesaid settlement without any consideration. They submit that such compromise and settlement is out of their free will out, without any coercion and influence from any corner whatsoever and therefore, they would have ‘no objection’ if FIR in question is quashed.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.
Reference be also made to the judgment in Mohd. Rashid & Ors. V. The State (Govt. Of Nct of Delhi) & Anr.: 2025 SCC OnLine Del 8465, Manoj Kumar & Ors. V. State & Anr. 2016:DHC:2419, Afzal@Afjal@Dabloo& Ors. V. State of Nct Delhi & Anr. (CRL.M.C. 4756/2022, Del. HC), Mahender Singh @ Sunny & Anr. V. The State & Ors. 2021:DHC:978 wherein this Court quashed the proceedings concerning offences, inter alia, Section 308/34 IPC in view of the amicable settlement between the parties.
Keeping in mind the facts presented before this court and in particular to facilitate both the sides in restoring cordiality, the proceedings deserve to be quashed. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
Consequently, to secure the ends of justice, FIR No.587/2024 dated 18.10.2024, registered at Police Station Sagar Pur for commission of offences under Sections 110/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 308/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed. Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.
The petition stands disposed of in aforesaid terms.