Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 10176 (DEL)

AVI BIRLA v. THE STATE GOVT OF NCT OF DELHI AND ANR

CRL.M.C./4287/2026 · 2026-05-26

Manoj Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.M.C. 4287/2026 1 $~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 26th May, 2026 + CRL.M.C. 4287/2026 & CRL.M.A. 17248/2026 AVI BIRLA .....Petitioner Through: Mr. Bikram Chand Sharma, Mr. Raj Kumar, Advocates with petitioner. versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Satinder Singh Bawa, APP with SI Manish and SI Anubhav. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition seeks quashing of FIR No. 0506/2021 dated 22.10.2021, registered at PS Shakarpur for commission of offences under Section 308 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The FIR was registered on the basis of complaint made by respondent No.2-Kartik Raj who was in the final year of B.Tech. 3. He had gone with some friends to a party where they took liquor and during some discussion on some trivial matter, the accused, who was also present in the abovesaid party, got furious and banged one liquor bottle on him, which resulted injuries on his neck. 4. Charge-sheet in the aforesaid matter has been filed and case has already Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 11:44:18 Signature Not Verified CRL.M.C. 4287/2026 2 been committed to the Court of Sessions. 5. Charges have also been framed, albeit, Respondent No.2 is yet to enter into witness box. 6. It is apprised that parties with the intervention of respectable persons of the society and considering past friendly relations have decided to iron out and settle all their disputes. Both the sides have entered into settlement. Copy of such Memorandum of Understanding (MoU) dated 22.05.2026 has also been placed on record and since apology of accused has been accepted, in order to maintain the cordial relationship between the parties, respondent No. 2 has given no objection if the ‘FIR’ is quashed. 7. Respondent No.2 is present in Court and he has been duly identified by IO. 8. Respondent no.2 has reiterated the terms of settlement and submits that since the matter has been amicably settled between them and he has already been compensated with respect to the injuries which he had suffered and toward medical expenditure as the petitioner has already paid him a sum of Rs. 1,00,000/- , he is no longer interested in pursuing the FIR. He claims that he has entered into settlement voluntarily and without any pressure or coercion and would have no objection. 9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. Even otherwise, the MLC, which has been placed on record, does not reveal any serious injury. Reference be made to Narinder Singh & Ors. vs. State of Punjab &Anr.,(2014) 6 SCC 466, wherein the Apex Court had observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak. Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 11:44:18 Signature Not Verified CRL.M.C. 4287/2026 3 10. 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. (Neutral Citation No.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. (Neutral Citation no.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. 11. Keeping in mind the facts presented before this court and in particular to facilitate both the sides in maintaining and restoring cordiality, the proceedings deserve to be quashed in exercise of the inherent powers of the Court. 12. Consequently, to secure the ends of justice, FIR No. 0506/2021 dated 22.10.2021, registered at PS Shakarpur for commission of offences under Section 308 IPC, along with all consequential proceedings arising therefrom, quashed. subject to petitioners depositing total cost of Rs. 20,000/-, in the account Delhi High Court Legal Services Committee (DHCLSC) within four weeks. 13. Proof of deposit of the cost as well as Original affidavits of the settlement deed of the parties be submitted to the learned Trial Court within further two weeks. 14. The petition stands disposed of in aforesaid terms. 15. Pending application also stands disposed of. (MANOJ JAIN) JUDGE MAY 26, 2026/sw/sy Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 11:44:18