UPENDRA SINGH KUSHWAHA ALIAS MUNNA AND ORS. vs STATE (NCT OF DELHI) & ORS.

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.11.2025 ,,,,,,,,,, + CRL.M.C. 726/2025 UPENDRA SINGH KUSHWAHA ALIAS MUNNA AND ORS. .....Petitioners Through: Mr. Sameer Chandra, Mr. W. Ahmed, Mr. Afnan Saleem, Mr. Fahasl Zia, Advs. along with petitioner in person. versus STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Nawal Kishore Jha, APP with SI Abhimanyu, PS Sonia Vihar. Mr. Dinesh Tiwari, Mr. Firoj Khan, Ms. Anju K. Mishra, Advs. for R-2 along with R-2 in person. Ms. Harshita Singhal, Mr. Mohit Mudgal, Ms. Vidya, Advs. for R-3 along with R-3 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, seeking quashing of FIR No. 227/2019, dated 08.09.2019, registered at PS Sonia Vihar, Delhi under sections CRL.M.C. 726/2025 Page 1 of 4 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:15.11.2025 16:25:49 354/354(B)/452/323/341/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2. As per allegations made in the FIR, on 01.09.2019 petitioners trespassed into the house of respondents, hurled abuses and physically assaulted them with sticks, caused injuries. Charge-sheet has since been filed under section 354/354(B)/452/323/341/506/34 IPC against the petitioners. 3. Ld. Counsel for the petitioners submitted that during the pendency of the trial, petitioners and respondent no. 2 entered into a settlement vide Memorandum of Settlement dated 16.01.2025. However respondent no. 3 took objection to the quashing of the FIR stating that no settlement took place with her as she was not made party to the MOU. The matter was therefore sent to mediation to explore the po