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2026 DAILYLAW 10191 (DEL)

MAHABIR @ KALA & ORS. v. STATE NCT OF DELHI & ANR.

CRL.M.C./4325/2026 · 2026-05-29

Manoj Jain

body2026

Judgment text

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CRL.M.C. 4325/2026 1 $~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th May, 2026 + CRL.M.C. 4325/2026 MAHABIR @ KALA & ORS. .....Petitioners Through: Mr. Vishal Lamba and Mr. Nitesh Baliyan, Advocates with petitioners in person. versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Aashneet Singh, APP for the State with Insp. Akhilesh Bajpai and SI Vishnu. Advocate for respondent No.2 (appearance not given) Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CRL.M.A. 17435/2026 (exemption) Exemption allowed subject to all just exceptions. CRL.M.C. 4325/2026 1. Petitioners herein seek quashing of FIR No.226/2023 dated 10.02.2023, registered at Police Station Bawana, for commission of offences under Sections 506/509/34 IPC along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. The abovesaid FIR was registered on the basis of complaint made by respondent No.2, who claimed that accused persons had trespassed into her house, abused her and used inappropriate words and also threatened to eliminate her. Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 14:42:19 Signature Not Verified CRL.M.C. 4325/2026 2 3. Charge-sheet has been filed albeit charges are yet to be framed. 4. Fact, however, remains that, in the interregnum, both the sides have reached amicable settlement and Memorandum of Settlement Deed has been drawn on 20.05.2026. 5. It is in the abovesaid backdrop that quashing is being sought. 6. Petitioners are present in person. 7. Respondent No.2 is present in person and is duly identified by her counsel and the Investigating Officer, who are present in Court. 8. Respondent No.2 submits that the matter has been amicably settled. She states that she is a practicing advocate and all the accused are her cousins and with the intervention of respectable persons of the society and elders of the society, the matter has been amicably settled and since petitioners have tendered unconditional apology for the incident in question, in order to ensure peace and harmony within the family, she has agreed to settle the matter. She states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed. 9. There is no other civil or criminal matter between the parties. 10. The Investigating Officer, who is present, submits that petitioners are having clean antecedents. 11. 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. 12. Accordingly, exercising inherent powers vested in this Court under Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 14:42:19 CRL.M.C. 4325/2026 3 Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR. 13. Consequently, to secure the ends of justice, FIR No.226/2023 dated 10.02.2023, registered at Police Station Bawana, for commission of offences under Sections 506/509/34 IPC along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- with District Legal Services Authority (DLSA) of the concerned District, within four weeks from today. 14. Proof of deposit of cost, Original Memorandum of Settlement Deed dated 20.05.2026 and original affidavits of the parties shall be submitted before the learned Trial Court within further two weeks, so that these become part of Trial Court Record. 15. The petition stands disposed of in aforesaid terms. (MANOJ JAIN) JUDGE MAY 29, 2026/st/sk Signed By:SONIA THAPLIYAL Signing Date:30.05.2026 14:42:19