Mr. Mahesh Kumar, Adv. along with v. THE STATE GOVT. OF NCT OF DELHI AND ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2275/2025 VISHAL @ LUCKY AND OTHERS .....Petitioners Through: Mr. Mahesh Kumar, Adv. along with petitioners in person versus THE STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Ms. Upasna Bakshi, Adv. with SI Gaurav and SI Krishan, PS Kalyanpuri Ms. Pavitra Veer Singh and Mr. Furkan, Advs. for R-2 and R-7 along with the respondents no. 2 to 7 in person CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 10.10.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR no. 0338/2021 registered at Police Station Kalyanpuri, Delhi for the offences punishable under Sections 308/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts of the case are that on 14.07.2021, respondent no. 2, along with others respondents, was returning home to Kalyanpuri in his car when, upon reaching Jalebi Chowk, the road was found blocked by a Tempo 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 14/10/2025 at 12:55:09 parked outside the house of petitioner no. 4. When the respondent no. 2’s brother blew the horn, petitioner nos. 4 and 5 began abusing and quarrelling with them. Shortly thereafter, petitioner nos. 1 and 3, who arrived armed with sticks and assaulted the respondents, causing head injuries. The injured were taken by PCR to Lal Bahadur Shastri Hospital for treatment, where MLCs were prepared. 3. Learned counsel appearing on behalf of the petitioners submitted that the petitioners and respondents no. 2 to 7 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4. Compromise deed dated 06.03.2025 is on record and has been annexed as “Annexure P-2”. Qua this deed, the respondents no. 2 to 7 have agreed to withdraw the case arising out of FIR No. 0338/2021 registered at Police Station Kalyanpuri, Delhi against the petitioners. 5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties as the nature of injuries opined in the MLCs are simple. 7. Heard learned counsel for the parties and perused the record. 8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Kalyanpuri, Delhi. Respondent nos. 2 to 7 are also present in the Court and have been identified by the Investigating Officer. 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 14/10/2025 at 12:55:09

9. On a query made by this Court, respondents nos. 2 to 7 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by them that the entire dispute has been amicably settled between the parties. 10. This Court cannot lose sight of the fact that incidents involving road rage, physical altercations and assaults have been on a steady rise in the recent times, posing a serious threat to public order and safety. Offences of such nature have larger social implications and must ordinarily be dealt with in accordance with law to deter recurrence. However, in the present case, considering that the parties have amicably solved their disputes, the alleged occurrence arose without any premeditation, and there are no previous criminal antecedents attributable to either side, this Court is inclined to take a lenient view as no fruitful purpose would be served by keeping the matter pending. 11. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 0338/2021 registered at Police Station Kalyanpuri, Delhi for the offences punishable under Sections 308/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to the petitioners performing community service starting from 01.11.2025, with the following directions: i. Petitioner no. 1 and petitioner no. 2 to perform one month of community service on every Saturday and Sunday at Lal Bahadur Shastri Hospital, Indra Camp, Khichripur Near Kalyanvas Colony/Mayur Vihar, New Delhi, Delhi-110091. 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 14/10/2025 at 12:55:09 ii. Petitioner no. 3, petitioner no. 4 and petitioner no. 5 to perform one month of community service on every Saturday and Sunday at Dr. Hedgewar Aarogya Sansthan, East Arjun Nagar, Arjun Gali, Karkardooma, Shahdara, New Delhi, Delhi-110032. Upon completion of the said period, a certificate confirming the completion of community service shall be issued by the Medical Superintendent of the concerned Hospitals and the same shall be filed with the Registry. In the event of any absenteeism, default, or misconduct on the part of the petitioners during the course of the community service, the same be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the APP for placing the matter before this Court and seeking appropriate orders, including revival of the FIR. 12. With the above directions, the petition along with pending application(s), if any, stands disposed of. 13. Copy of the order be sent to the Medical Superintendent of concerned Hospitals and the Trial Court for necessary information and compliance. AJAY DIGPAUL, J OCTOBER 10, 2025 gs/yr