Rajender Kumar , (Deceased) & Ors. vs State Of Nct Delhi & Ors.

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 436/2018 dated 08.08.2018, registered at Police Station Shalimar Bagh for commission of offences under Sections 323/341/506/34 IPC and Section 11(1) of Prevention of  Cruelty  to  Animals  Act,  1960,  along  with  all  consequential  proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. Respondent  Nos.2  and  4  are  real  sisters  and  respondent  No.3  is  their mother. FIR was lodged, jointly, by all of them wherein they had alleged that accused persons were troubling, torturing and harassing them for quite some time. They  claimed  that  on  08.08.2018,  the  accused  persons  entered  their house armed with  a rod  and pushed  and assaulted them.  As per allegations, they hurled abusive words and derogatory comments against the family and also assaulted a stray dog.

Based on the abovesaid allegations, FIR was registered against all the accused persons including Sh. Rajinder Kumar, who has since expired. Petitioner No.3–Smt. Shobha is widow of petitioner No.1 whereas petitioner No.2–Sh Banwari @ Ajay Sharma is their neighbour.

It is apprised that the matter has been amicably settled on 18.03.2026. Copy of  Memorandum of  Understanding  dated 18.03.2026 has been placed on  record  and  it  records  the  fact  that  petitioners  herein  have  also  issued  an apology  letter  on  11.09.2024  and  in  such  apology  letter,  they have  already accepted their mistake and have assured  that  there would  not  be any  such occurrence in future.

Respondent Nos.2, 3 and 4 are present in person and they are identified by the Investigating Officer, who is present in Court.

When asked, they submit that the matter has been amicably settled and after the abovesaid apology letter, there is no reoccurrence of any such incident  and,  therefore,  they  would  have  no  objection  if  the  present  FIR  is quashed. They  also  submit that that they  have entered into  the abovesaid settlement out of their own  free will,  without any  coercion  and  influence from any corner whatsoever and therefore, they would have‘no objection’if FIR in question is quashed. They also submit that the original apology letter is with them. Copy of such apology letter is shown during the course of hearing, from mobile device.

The case is, reportedly, at the stage of prosecution evidence.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case,  even  the  complainant  does  not  wish  to  press  any  charges  against  the petitioners.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently,  to  secure  the  ends  of  justice,  FIR  No.  436/2018  dated 08.08.2018, registered at Police Station Shalimar Bagh for commission of offences under Sections 323/341/506/34 IPC and Section 11(1) of Prevention of Cruelty to Animals Act,  1960, along with all consequential  proceedings arising therefrom, is, hereby, quashed. Original MoU, original affidavits of the parties and No Objection, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court on or  before  the next date  of  hearing,  so  that these become  part of  Trial  Court Record.

The petition stands disposed of in aforesaid terms.

Pending applications also stand disposed of in aforesaid terms.