Mr. Ishwar Singh and Mr. Anukul Adhana, Advocates v. STATE GOVT. OF NCT OF DELHI AND ORS

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 09/05/2025 at 14:22:19 $~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 223/2025 & CRL.M.A. 1200/2025 (Exemption) SAGAR AND ORS .....Petitioners Through: Mr. Ishwar Singh and Mr. Anukul Adhana, Advocates. Petitioners in person. versus STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Pradeep Gahalot, APP for the State. SI Shivender, PS Bharat Nagar and W/SI Sonia, PS Shalimar Bagh. Respondents no. 2 to 4 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 05.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition filed under Section 482 of the Cr.P.C. (Section 528 of the BNSS) seeks quashing of FIR No. 604/2021, under Sections 354/323/34 of the IPC and Section 8 of the POCSO Act, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, learned ASJ, North-West, Rohini Courts, Delhi. 3. Learned counsel appearing on behalf of the petitioners submits that petitioners and the respondents herein are neighbours and an incident between the parties resulted in the registration of the present FIR on the complaint of respondent no.2. It is further submitted that the parties have now settled their disputes with the intervention of friends and other well 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 09/05/2025 at 14:22:19 wishers vide settlement agreement dated 08.01.2025. The copy of the aforesaid settlement/compromise deed dated 08.01.2025 has been placed on record as Annexure P-2. In pursuance of the said settlement agreement, the respondent Nos. 2 to 4 have no objection if the present FIR against the petitioners is quashed. 4. The present petition was listed before the learned Joint Registrar on 15.04.2025, wherein it has been recorded as under:- “1. The present non contentious petition has been tiled by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 604/2021 Under Sections 354/323/34 of the Indian Penal Code registered at P.S. Bharat Nagar on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioners and R-2 to 4 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 to 4 has been amicably settled as per the settlement deed dated 08.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They ha\'c signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 to 4 slated that dispute between R-2 and petitioners has been amicably settled as per the settlement deed dated 08.01.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure, the settlement deed has been signed with wish and will. 4. Investigating Officer is present in Court and has duly verified the identity of both the parties. 5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them. 6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court. 7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure. 8. In view of the above, matter be placed before the Hon'ble Court on 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 09/05/2025 at 14:22:19

05.05.2025.” 5. Petitioners and respondent Nos. 2 to 4 are present before this Court and have been duly identified by the Investigating Officer, SI Shivender, PS Bharat Nagar. 6. Respondent Nos.2 to 4 states that the matter has been settled with the petitioners and they have no objection if the FIR is quashed. 7. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- “61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 8. In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 604/2021, under Sections 354/323/34 of the IPC and Section 8 of the POCSO Act, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, learned ASJ, North-West, Rohini Courts, Delhi. 9. In the interest of justice, the petition is allowed, and the FIR No. 604/2021, under Sections 354/323/34 of the IPC and Section 8 of the POCSO Act, registered at P.S. Bharat Nagar and all other consequential 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 09/05/2025 at 14:22:19 proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Susheel Bala Dagar, learned ASJ, North-West, Rohini Courts, Delhi, is hereby quashed subject to the petitioners depositing costs of Rs. 5,000/- each in a consolidated sum of Rs. 20,000/- with Delhi High Court Bar Association Employees Welfare Fund (S.B. A/C No. 15530100010657, Bank name- UCO Bank, IFSC UCBA0001553, Branch name- Delhi High Court, within 7 days from today. 10. Petition is allowed and disposed of accordingly. 11. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 05, 2025/sn Click here to check corrigendum, if any