MOHIT AND OTHERS v. THE STATE NCT OF DELHI AND ANOTHER
W.P.(CRL)/2763/2025 · 2025-09-01
Arun Monga
Writ Petition (Criminal)body2025
DailyLaw.ai
[ 2025 DAILYLAW 28879 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28879 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.(CRL) 2763/2025 $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2763/2025 MOHIT AND OTHERS .....Petitioners Through: Mr.Bharat Tyagi, Ms.Nidhi Bhardwaj and Ms. Ruchika Dhingra, Advocates alongwith petitioners versus THE STATE NCT OF DELHI AND ANOTHER .....Respondents Through: Mr.Anand V.Khatri, ASC for the State Mr.Hitenda Kumar, Advocate for R-2 alongwith R-2
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA O R D E R %
01.09.2025 CRL.M.A. 26051/2025 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 2763/2025
1. Petitioners herein seek quashing of an FIR No.866/2023 dated 07.07.2023 registered at Police Station Burari, for the offences punishable under Sections 323/341/354A/34 IPC, and all other consequential proceedings arising therefrom, on the basis of a compromise between the parties.
2. The complainant alleged that, on 06.07.2023, the petitioners had picked up a fight with the complainant’s son outside her house. When she This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 14:22:43
W.P.(CRL) 2763/2025 intervened, they pelted stones, and another boy hit her chest, which led to the FIR. No charge sheet has been filed.
3.
Learned counsel for the petitioner submits that the parties are known to each other and with the intervention of well-wishers, they have settled their dispute amicably vide settlement agreement dated 04.08.2025 which is on record (Annexure P-2). He further submits that an affidavit of no objection to the quashing, deposed by respondent no. 2, has also been placed on record. 4. Both the counsel for Respondent No. 2 and the learned APP for the State concur with the factum of the compromise arrived between the parties and convey their no objection to the quashing of the FIR. 5. The parties are present in Court, and I have interacted with them. Upon a query put to the complainant qua the settlement, she unequivocally states that the matter has been settled by him of his own volition, without any undue pressure or coercion. 6. As regards the injuries allegedly suffered, he submits that the allegations were levelled at the relevant time out of sheer anguish and in the backdrop of heated altercation between him and the petitioners, which culminated in the unsavoury incident. He further states that, in view of the settlement, he does not wish to press any charges against the petitioners and would prefer to maintain mutual cordiality rather than hostility, since they are well known to each other. 7. In the aforesaid backdrop, I have heard the counsel and interacted with the complainant who is present in Court. 8. It appears that the parties have resolved their differences and arrived at a mutual compromise, desire to restore cordial relations. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 14:22:43
W.P.(CRL) 2763/2025
9. Having interacted with the complainant and given that it seems to be a matter of family and neighbourhood not involving either any public interest or any societal interest, it would be an exercise in futility to continue with the further criminal proceedings, as the same would be nothing but abuse of the process of law apart from being a burden on the judicial system as well as wasteful expenditure of the public by the prosecution. 10.
Taking a wholesome view, it is thus a fit case to exercise inherent power under 528 of BNSS in quashing the FIR in question. Reference in this context may also be made to the judgment in Gian Singh v. State of Punjab & Anr., [(2012) 10 SCC 303]. 11. Accordingly, the petition is allowed and the FIR No. 866/2021 dated 07.07.2021 registered at Police Station Burari, for the offences punishable under Sections 323/341/354A/34 IPC, along with all consequential proceedings arising there from are hereby quashed. 12. The petition, along with pending applications, if any, stands disposed of. ARUN MONGA, J SEPTEMBER 1, 2025 dy This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 14:22:43