SHARAFAT ALI ANSARI & ANR. vs STATE GOVT. OF NCT OF DELHI AND ANR.

Judgment text excerpt

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28.05.2025 ,,,,,,,,,, + CRL.M.C. 2544/2025 SHARAFAT ALI ANSARI & ANR. .....Petitioners Through: Both petitioners in person with Mr. Raj Kumar, Mr. Parmanand & Ms. Vidhata, Advs. versus STATE GOVT. OF NCT OF DELHI AND ANR … Respondents Through: Mr. Hitesh Vali, APP for the State with IO ASI Ram Dass, PS Ghazipur R-2 in person CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J. 1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0035/2023, dated 28.01.2023, registered at P.S Ghazipur under section 308/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. On 27.01.2023, the Respondent No.2 while returning home with his brother Junaid, got into an argument with Salman (Petitioner CRL.M.C. 2544/2025 Page 1 of 5 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:29.05.2025 11:11:12 No.2), the owner of a house under repair, over the parking of their motorcycle in a narrow street. The argument escalated when Petitioner No.1 who is the elder brother of Petitioner No.2 struck the Respondent No.2 on the head with a wooden stick, causing injuries. Respondent No.2 was taken to LBS Hospital where his MLC was conducted. Thereafter, Respondent No. 2 lodged the aforesaid FIR against the Petitioners. 3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise Deed dated 11.03.2025. In pursuance of the Settlement, the Petitioner has paid Rs. 50,000/- (Rupees fifty thousand) to the Respondent No.2 as full and final settlement as per the schedule mentioned in the Compromise Deed dated 11.03.2025. It is submitted that all the previous