Delhi High Court – Orders
Nikihil And Ors vs State Govt Of Nct Of Delhi And Anr on 10 April, 2026
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2720/2026 & CRL.M.A. 11058/2026
NIKIHIL AND ORS .....Petitioners
Through: Mr. Nipun Bhardwaj and Mr. Pankaj
Bhardwaj, Advocates with petitioners
in person.
versus
STATE GOVT OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Digam Singh Dagar, APP for
State with SI Vikrant Singh, PS:
Rajouri Garden.
Counsel (appearance not given) for R-
2 and R-2 in person.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 10.04.2026
CRL.M.A. 11057/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CRL.M.C. 2720/2026
3. By way of the present petition, the petitioners seek quashing of the
FIR bearing No. 387/2015, registered at Police Station Rajouri Garden,
Delhi, for the commission of offences punishable under Sections
323/341/295A/506/34 of the Indian Penal Code, 1860 (hereafter ‘IPC‘) and
all consequential proceedings emanating therefrom on the basis of
settlement arrived at between the parties.
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 14/04/2026 at 20:44:53
4. Issue notice. The learned APP accepts notice on behalf of the State.
5. All the petitioners and respondent no. 2 are present before this Court
and have been identified by their counsel and Investigating Officer (IO)
concerned, Police Station, Rajouri Garden, Delhi.
6. Brief facts of the case are that the complainant/respondent no. 2 is
engaged in the business of sale and purchase of used cars from his shop at
Tagore Garden, New Delhi. That on 19.03.2015, two persons namely
Khanna and Sonu approached the complainant at his shop and informed him
that pavement construction work was underway in Rajouri Garden Market,
however, the Market President Ramesh Singh Khanna/petitioner no. 5 was
obstructing the same. That it is alleged that a complaint regarding the said
obstruction had already been made to the senior authorities. That on
20.03.2015, pavement construction was carried out in front of certain shops,
but 10-15 shopkeepers opposed and prevented construction in front of their
respective shops. That on the same day, petitioner no. 5 informed the
complainant telephonically that the Market Association was not permitting
the construction work and requested him to come to Rajouri Garden Market.
That thereafter, the complainant along with Karamjit Singh and Dinesh
Kumar reached Rajouri Garden Market. That upon reaching there, they met
Market President Ramesh Khanna/petitioner no. 5 along with IPS
Walia/petitioner no. 3 and Nikhil/petitioner no. 2. That the complainant
requested them to allow the pavement construction, however, it is alleged
that the accused persons started throwing the construction material. That it is
further alleged that petitioner no. 1, armed with a wooden rod, struck the
complainant on his right arm, while petitioner no. 4 slapped him and
thereafter petitioner no. 1 and Ajay i.e., petitioner no. 6 assaulted him with
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 14/04/2026 at 20:44:53
wooden rods. That due to the assault, the complainant fell on the ground.
Upon the complaint by respondent no. 2, the present FIR came to be
registered against the petitioners. It is stated that with intervention of the
family and friends, the parties have now amicably settled their dispute vide
Memorandum of Understanding (MoU) dated 27.03.2026.
7. On a query made by this Court, respondent no. 2 who has been
identified by the IO, has categorically stated that he has entered into
compromise out of his own free will and without any pressure, coercion or
threat. Therefore, he has no objection if the present FIR is quashed.
8. However, this Court notes that the present FIR was registered in the
year 2015, however, the learned Trial Court has not framed the charges in
the case, without commenting on it since the parties have amicably resolved
their differences out of their own free will, and without any coercion, no
useful purpose will be served by continuing the proceedings, rather the same
would create further acrimony between them. It wopuld thus be in interest of
justice to quash the abovementioned FIR and the proceedings pursuant
thereto. There is no legal impediment in quashing the FIR in question.
9. Accordingly, FIR bearing No. 80/2021, registered at Police Station
Hazarat Nizamuddin, Delhi, for the commission of offences punishable
under Sections 498A/406/34 of IPC and all consequential proceedings
emanating therefrom are quashed.
10. The petition stands disposed of.
11. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J
APRIL 10, 2026/vc
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 14/04/2026 at 20:44:53
