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2026 DAILYLAW 16338 (DEL)

AMIT@ AMIT LAKRA v. STATE GOVT. OF N.C.T. OF DELHI THROUGH S.H.0. & ORS.

CRL.M.C./4502/2026 · 2026-08-21

Madhu Jain

body2026

Judgment text

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$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010270942026 + CRL.M.C. 4502/2026 & CRL.M.A. 18574/2026 AMIT@ AMIT LAKRA .....Petitioner Through: Mr. N. S. Dalal, Ms. Nidhi Dalal, Mr. Alok Kumar, Ms. Rachana Dalal, Mr. Aashish Tyagi, Advs. Petitioner-in-person versus STATE GOVT. OF N.C.T. OF DELHI THROUGH S.H.O. & ORS. .....Respondents Through: Mr. Ajay Vikram Singh, APP SI Mukesh, PS Mundka. Aman Mudgal, Adv. for R2 & R3. Respondent nos.2 & 3-in-person CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 21.08.2026 1. This hearing has been done through hybrid mode. 2. By the way of the present petition filed under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioner is seeking quashing of FIR No. 230/2019, registered at Police Station Mundka, Delhi, for the offences punishable under Sections 307 of Indian Penal Code,1860 (hereinafter referred to as the ‘IPC’) and Sections 25/27/54/59 of the Arms Act, 1878, and all consequential proceedings emanating therefrom on the basis of the settlement arrived at between the parties. 3. Issue notice. The learned APP for the state accepts notice on behalf of 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 25/08/2026 at 12:13:20 the State. 4. The petitioners and respondent nos. 2 & 3 are present before this Court and have been identified by their counsel and Investigating Officer concerned. 5. Learned APP for the State strongly opposes the present petition and submits that Sections 25 and 27 of the Arms Act have also been invoked in the present FIR, wherein a firearm was used by the petitioner without any valid licence. 6. The Investigating Officer submits that the said firearm has been seized and is presently lying in the Malkhana. 7. Briefly stated, the present FIR was registered at Police Station Mundka, Delhi, on the complaint of late Sh. Paramjit Kumar Lakra, alleging that during a quarrel between the petitioner and the complainant party, the petitioner fired a pistol, resulting in gunshot injuries to respondent nos. 2 and 3. Consequently, FIR No. 230/2019 was registered for offences under Section 307 of the Indian Penal Code, 1860 and Sections 25/27/54/59 of the Arms Act, and a charge-sheet was subsequently filed against the petitioner. During the pendency of the proceedings, the original complainant, Sh. Paramjit Kumar Lakra, expired on 22.07.2023. Thereafter, the petitioner and respondent nos. 2 and 3, who are related to each other, amicably settled their disputes vide Memorandum of Understanding dated 04.05.2026 8. On a query made by this Court, respondent nos. 2 and 3 who have been identified by the IO, have categorically stated that they have entered into compromise, vide Memorandum of Understanding dated 04.05.2026 out of their own free will and without any pressure, coercion or threat. Therefore, they have no objection if the present FIR is quashed. 9. In view of the above, that the parties have amicably resolved their 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 25/08/2026 at 12:13:20 differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10. Accordingly, FIR No. 230/2019, registered at Police Station Mundka, Delhi, for the offences punishable under Section 307 of the IPC, 1860 and Sections 25/27/54/59 of the Arms Act, 1878, along with all consequential proceedings emanating therefrom, is hereby quashed. 11. It is, however, made clear that the firearm used in the commission of the offence was an unlicensed firearm. Accordingly, the same shall not be released in favour of the petitioner, notwithstanding the quashing of the FIR. The said case property shall stand confiscated to the State. 12. The present petition is disposed of. Pending application(s), if any, also stand(s) disposed of. 13. Copy of the order be communicated to the concerned Trial Court for necessary action and compliance. 14. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 21, 2026/b/sd 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 25/08/2026 at 12:13:20