ARUN KUMAR SHRIVASHTAVA vs THE STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 11.07.2025 + CRL.M.C. 4522/2025 ARUN KUMAR SRIVASTAVA .....Petitioners Through: Mr. Anand Aggarwal & Ms. Mamta Garg, Advs. with petitioner in person versus THE STATE NCT OF DELHI AND ANR. … Respondents Through: Mr. Satinder Singh Bawa, APP for the State with SI Yashpal Singh, PS Farsh Bazar. R-2 in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J. 1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR no. 228/2017 registered on 12.06.2017 under sections 288/337 IPC at PS Farash Bazar, and all proceedings arising therefrom pursuant to a settlement between the parties. 2. As per allegations, on 12.06.2017 the injured person, Bijender, had been hit by a stone that fell from an under-construction house bearing No. 210/10, Dungar Mohalla, while he was passing by, CRL.M.C. 4522/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:14.07.2025 11:11:09 resulting in serious injuries for which he was taken to Dr. Hedgewar Hospital. Based on the MLC and spot inquiry, an FIR was registered under Sections 288 and 337 IPC for causing hurt by negligent act. 3. During the pendency of the proceedings, both parties entered into a Compromise/Settlement Deed dated 28.01.2025 amicably. The petitioner agreed to pa Rs. 40,000/- to the Respondent no. 2 as full and final settlement amount. A copy of the settlement deed dated 28.01.2025arrived in the mediation center is annexed as Annexure G. 5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Yashpal Singh, from PS Farsh Bazar. 6. Respondent No. 2submits that the