DIWAN CHAND vs STATE THROUGH SHO PS DWARKA SECTOR 23 AND ANR

Judgment text excerpt

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.01.2026 + CRL.M.C. 126/2026 & CRL.M.A. 452/2026 DIWAN CHAND .....Petitioner Through: Mr. Partap Singh, Advocate. versus STATE THROUGH SHO PS DWARKA SECTOR 23 AND ANR .....Respondents Through: Mr. Hemant Mahla, APP for State with SI Satish Kumar. Injured/R-2 in person CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner seeks quashing of case FIR No.295/2019 of PS Dwarka for offence under Section 308 IPC on the ground that complainant de facto (respondent no.2) has compromised the disputes with the petitioner. 2. Learned APP for State accepts notice and submits that in view of facts and circumstances of this case, he has no objection if the petition is allowed. The injured respondent no.2 identified by IO/SI Satish Kumar also has appeared in support of the petition. I have interacted with the injured in Hindi and he submits that he does not want to prosecute the petitioner any CRL.M.C.126/2026 Page 1 of 2 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Signature Not Verified KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2026.01.08 17:31:47 -08'00' By:NEETU N NAIR Signing Date:08.01.2026 17:38:14 further as the quarrel took place in heat of the moment, both of them being employed in neighbouring places. 3. I have also examined the MLC of respondent no.2 (Annexure P-3) as regards injuries suffered by him. 4. Having spoken with respondent no.2, I am satisfied that it would be in the interest of justice not to push the partie