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2026 DAILYLAW 19409 (DEL)

KAILASH KUMAR & ORS. v. GOVT OF NCT OF DELHI & ANR.

CRL.M.C./7085/2026 · 2026-09-22

Sachin Datta

body2026

Judgment text

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$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No.DLHC010453842026 + CRL.M.C. 7085/2026, Crl.M.A.29580/2026 KAILASH KUMAR & ORS. .....Petitioners Through: Mr. Vinay Gupta, Mr. Ram Manohar Singh, Ms. Koyali Agarwal and Mr. Nishchay Birua, Advs. versus GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Priyanka Dalal, APP for State. ASI Basant Kumar, PS Burari. Mr. Pankaj Gupta, Mr. Abhishek Kashyap and Ms. Yashaswi Chaudhary, Advs. for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 22.09.2026 O R D E R 1. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the petitioners seek quashing of FIR No.302/2024 dated 09.05.2024 registered at Police Station Burari under Section 288, 338, 34 IPC and the charge-sheet filed there-under, as also all consequential proceedings arising there-from including Criminal Case No.878/2025 titled as State v. Kailash Kumar & Ors., pending before the Court of the learned JMFC-09, Central District, Tis Hazari Courts, Delhi. 2. It is submitted that the present petition has been filed in view of a settlement dated 01.08.2026 arrived at during the course of mediation. 3. The parties were referred to mediation pursuant to the order dated 08.05.2026 passed by JMFC-09, Central, THC, Delhi, which reads as 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 25/09/2026 at 11:14:43 under:- 4. The copy of the mediated settlement agreement dated 01.08.2026 has been placed on record; the same reads as under:- 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 25/09/2026 at 11:14:43 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 25/09/2026 at 11:14:43 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 25/09/2026 at 11:14:43 5. During the course of hearing, it is submitted that in addition to the amount of Rs.2,20,000/- payable in terms of the mediation settlement agreement to the respondent no.2, an additional sum of Rs.30,000/-be paid. 6. In terms of the mediation settlement, the petitioner no.1 is required to pay a sum of Rs.1,10,000/- and the petitioner nos.2 and 3 are collectively 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 25/09/2026 at 11:14:43 required to pay a sum of Rs.1,10,000/- to the respondent no.2. A bank draft for the entire amount of Rs.2,20,000/- has been handed over to the respondent no.2 during the course of proceedings. 7. The respondent no.2, who is present in Court, submits that he has entered into the settlement agreement out of his own free will and volition. He also confirms the receipt of the bank draft for Rs.2,20,000/-. 8. During the course of hearing, it is further agreed between the parties that in addition to the aforesaid amount of Rs.2,20,000/-, the petitioner no.1 shall pay an additional amount of Rs.15,000/- to the respondent no.2 and the petitioner nos.2 and 3 shall collectively pay an additional amount of Rs.15,000/- to the respondent no.2. The same shall be paid within a period of one week from today by way of a demand draft. The proof of payment shall be placed on record. 9. Considering the mediation settlement agreement, the payment of Rs.2,20,000/- to the respondent no.2 and the undertaking to pay the aforementioned additional amount, the present petition is allowed. 10. Accordingly, FIR No.302/2024 dated 09.05.2024 registered at Police Station Burari under Section 288, 338,34 IPC and the charge-sheet filed there-under, as also all consequential proceedings arising there-from, including Criminal Case No.878/2025 titled as State v. Kailash Kumar & Ors., pending before the Court of the learned JMFC-09, Central District, Tis Hazari Courts, Delhi, are quashed. 11. Pending application also stands disposed of. SACHIN DATTA, J SEPTEMBER 22, 2026/r 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 25/09/2026 at 11:14:43