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2025 DAILYLAW 56194 (DEL)

MOHD. ALAM @ MOHAMMAD ALAM & ORS. v. STATE & ANR.

CRL.M.C./3809/2025 · 2025-10-09

Ajay Digpaul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3809/2025 MOHD. ALAM @ MOHAMMAD ALAM & ORS. .....Petitioners Through: Mr. Lokesh Khanna, Adv. with the petitioners. versus STATE & ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with SI Hardeep, PS Anand Prabat Respondent no. 2 in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 09.10.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR No. 445/2016 registered at Police Station Anand Prabat for the offences punishable under Sections 308/323/341/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts of the case are that, on 27.09.2016 at about 10:30 p.m., respondent no. 2, while returning from some place and passing near petitioner no. 3‟s shop, he was allegedly obstructed by the petitioners, who blocked his way, assaulted him, and hit him on the head, causing him to fall to the ground and lose consciousness. He was taken to Lady Hardinge Medical College Hospital by PCR van for treatment. The police registered MLC No. 60073/16, and upon his later statement on 29.09.2016 FIR No. 445/16 was registered and the investigation was taken up. 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 14/10/2025 at 12:55:32 3. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4. Compromise deed dated 26.03.2025 is on record and has been annexed as “Annexure P-3”. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 445/2016 registered at Police Station Anand Prabat against the petitioners. 5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties as the injury opined is simple in nature in the said MLC. 7. Heard learned counsel for the parties and perused the record. 8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Anand Prabat. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer. 9. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties. 10. Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, 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 14/10/2025 at 12:55:32 no fruitful purpose would be served by keeping the matter pending as the parties hereby undertake that they would not indulge in any future FIRs. 11. It is, thus, in the interest of justice to quash the aforementioned FIR and the proceedings emanating therefrom. 12. In the present case, the State machinery has been put into motion and the police has concluded the investigation and has filed the chargesheet and further the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners. In the facts and circumstances of the present case, petitioner nos. 1, 2 & 4 are directed to deposit a cost of ₹5,000/- each with the Delhi High Court Legal Services Committee within a period of two weeks from today. 13. Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 445/2016 registered at Police Station Anand Prabat for the offences punishable under Sections 308/323/341/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to payment of ₹5,000/- as cost, by petitioner nos. 1, 2 & 4, which shall be deposited with the Delhi High Court Legal Services Committee within a period of two weeks from today. The receipt of payment is to be deposited and verified by the concerned IO. 14. The petition alongwith pending application(s), if any, stands disposed of. AJAY DIGPAUL, J OCTOBER 9, 2025 Sk/yr 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 14/10/2025 at 12:55:32