Mr. Bipin Kumar Jha, Advocate alongwith v. STATE OF NCT OF DELHI AND ANR

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 13/05/2025 at 11:47:40 $~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2740/2025 AASHRIT NIRANKARI .....Petitioner Through: Mr. Bipin Kumar Jha, Advocate alongwith Petitioner in person. versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Pradeep Gahalot, APP for the State. SI Ramawati, PS Maurice Nagar. Mr. S.K. Nirala, Advocate for R-2 alongwith R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 07.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 12260/2025 (exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 2740/2025 3. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 64/2025, under Sections 127(2)/115(2) of the BNS, registered at P.S. Maurice Nagar. 4. Learned counsel for the petitioner submits that the latter and respondent no. 2/complainant are students of the same college and on account of trivial dispute between the parties, the present FIR was registered at the instance of respondent No.2 against the present petitioner. It is further submitted that on account of the said dispute, a cross-FIR being FIR No. 65/2025, under 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 13/05/2025 at 11:47:40 Sections 126(2)/115(2) of the BNS, was also registered at PS Maurice Nagar, at the instance of petitioner herein against respondent No.2. He further submits that a MoU has been arrived at between the parties on 17.04.2025 whereby they have resolved their dispute and agreed to the quashing of both the FIRs arising out of the aforesaid dispute. 5. The matter was listed before the learned Joint Registrar on 01.05.2025, wherein the statement of respondent No.2/complainant has been recorded as under: - “I am the Respondent no. 2 in the present petition. At my instance, FIR bearing no. 64/2025, Under Section 127(2)/115(2) of Bharatiya Nyaya Sanhita BNS, 2023 (Under Section 323/342 IPC) was registered at PS Maurice Nagar, Delhi against the petitioner. The charge sheet has not been filed till date. The ease is at the stage of investigation. Now, I have voluntarily and without any pressure or coercion from anyone and with the intervention of friends, family members and well wishers settled all my issues and disputes with all the petitioner; and out of my free will have entered into MOU settlement deed dated 17.04.2025 which is on record as Annexure P-3 at page no. 27-30 onwards hearing my signatures. I have voluntarily and amicably resolved all my issues and disputes with the petitioners without any monetary or any other consideration, solely keeping in view , the humanitarian grounds and also considering the fact that petitioner has tender his apology, which I have accepted and the fact that petitioner is my classmates and I know him since long. I undertake to abide by all the terms and conditions of the MOU & I have no objections, if the FIR No. 64/2025, Under Section 127(2)/115(2) of Bharatiya Nyaya Sanhita BNS, 2023 (Under Section 323/342 IPC) was registered at PS Maurice Nagar, Delhi and all proceedings emanating there from are quashed against the petitioner and also subject to the condition that the petitioner cooperates in quashing of the cross FIR filed by him against me. I shall raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. The incident occurred due to minor misunderstanding and miscommunication which now stands resolved. I suffered only minor injuries in the incident. This is my true statement being made voluntarily in the presence of IO. I 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 13/05/2025 at 11:47:40 fully understand the consequences of making this statement. I have put my signatures on this statement in the presence of IO after the same has been read over to me in Hindi” 6. Copy of the Memorandum of Understanding (‘MOU’) dated 17.04.2025, has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing of the cross FIRs. 7. Petitioner and respondent no. 2/complainant are present before this Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Ramawati, PS Maurice Nagar. 8. Complainant/respondent No.2 states that the matter has been settled with the petitioner and he has no objection if the FIR is quashed against the petitioner. 9. Learned APP for the State submits that investigation in the present FIR is not complete and chargesheet is yet to be filed however, in view of the settlement between the parties, he has no objection, if the present FIR is quashed. 10. 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.” 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 13/05/2025 at 11:47:40

11. 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. 64/2025, under Sections 127(2)/115(2) of the BNS, registered as P.S. Maurice Nagar. 12. In the interest of justice, the petition is allowed, and the FIR No. 64/2025, under Sections 127(2)/115(2) of the BNS, registered as P.S. Maurice Nagar, is hereby quashed. 13. Petition is allowed and disposed of accordingly. 14. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 07, 2025/sn Click here to check corrigendum, if any