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2026 DAILYLAW 16061 (DEL)

VISHAL ALIAS GOLU & ORS. v. STATE GOVT OF NCT OF DELHI AND NAR

CRL.M.C./5947/2026 · 2026-08-14

Manoj Jain

body2026

Judgment text

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CRL.M.C. 5947/2026 1 $~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14thAugust, 2026 # CNR No. DLHC010375192026 + CRL.M.C. 5947/2026 & CRL.M.A. 24788/2026 VISHAL ALIAS GOLU & ORS. .....Petitioner Through: Mr. Jai Singh Yadav, Mr. Tushar Sharma, Mr. Pradeep Yadav and Mr. Raj Kumar Vishraj, Advocates along with petitioners-in-person versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Rajkumar, APP for State with SI Chetan Panwar, PS Chhawla CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners seek quashing of FIR No. 0045/2021 dated 21.01.2021, registered at Police Station Chhawala, for commission of offences under Sections 308/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. FIR in question was registered on the basis of report lodged by injured Basant Chand @ Vikky. On 20.01.2021, he had come to house No. E-339 Qutub Vihar Phase-II, New Delhi, where his sister-in-law used to reside. Upon his arrival, he was confronted by all the accused persons, who were accompanied by some unknown associates. They all were carrying sticks and assaulted him and gave blows to him. One such blow landed on his head, which left him unconscious. Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 10:00:41 Signature Not Verified CRL.M.C. 5947/2026 2 3. Accused persons were apprehended and were charge-sheeted. 4. Charges have already been ascertained and the case is at the stage of prosecution evidence. 5. Quashing is being sought for the reason that parties have amicably settled the disputes and, therefore, respondent No. 2 is not interested in pursuing with the aforesaid criminal case. 6. Copy of Memorandum of Understanding (MoU) dated 10.08.2026 has also been placed on record. 7. Injured is present in the Court and has been duly identified by the investigating officer as well as by his counsel. 8. When asked, he submitted that he has entered into settlement voluntarily, without any fear, coercion, pressure, force or influence and also understands the implication of the settlement. He submits that he knew all the accused persons prior to the incident in question as there was some dispute between them and his brother. He reiterates that since the matter has been amicably resolved and he has fully recovered from his injuries, he would have ‘no objection’ to the quashing of FIR in question. Reliance is placed on Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303. 9. In Narinder Singh & Ors. vs. State of Punjab & Anr., (2014) 6 SCC 466, 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. 10. Reference be also made to the judgments in Antonnette Promilla Fernanadez v. State NCT of Delhi and Another 2026 SCC OnLine Del 809 and Mohd. Rashid & Ors. V. The State (Govt. Of Nct Of Delhi) & Anr. (in Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 10:00:41 Signature Not Verified CRL.M.C. 5947/2026 3 CRL.M.C.8182/2025; DoD 18.11.2025), wherein this Court quashed the proceedings arising out of Sections 308/34 IPC after considering the nature of the offence and amicable settlement between the parties. 11. Keeping in mind the aforesaid and in order 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. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash both the FIR. 12. Consequently, to secure the ends of justice, FIR No. 0045/2021 dated 21.01.2021, registered at Police Station Chhawala, for commission of offences under Sections 308/34 IPC, along with all consequential proceedings arising therefrom, is quashed subject to petitioners’ depositing a total cost of Rs. 25,000/- within four weeks from today with Delhi High Court Legal Services Committee. 13. MoU dated 10.08.2026 and original affidavits of the parties, copies of which have been filed with the present petition, and proof of deposit of cost shall be submitted before the learned Trial Court within further two weeks so that these become part of Trial Court Record. 14. The petition stands disposed of in aforesaid terms. 15. Pending application also stands disposed of. (MANOJ JAIN) JUDGE AUGUST 14, 2026/dr/sa Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 10:00:41