Mr. S.C. Singhal, Advocate v. STATE
Case Details
Acts & Sections
Cited in this judgment
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 11:47:09 $~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2988/2025 BIRENDERJIT SINGH@BARINDERJIT SINGH .....Petitioner Through: Mr. S.C. Singhal, Advocate. Petitioner through VC. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Pradeep Gahalot, APP for the State. SI Neetu Shekhawat, PS C.R.Park. Respondent no. 2 through VC. 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. 13301/2025 (exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 2988/2025 3. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 157/2024, under Sections 131/79 of the BNS, registered at P.S. Chitranjan Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Devanshi Janmeja, learned Judicial Magistrate First Class-04, (South-East), Saket Courts, Delhi. 4. Learned counsel appearing on behalf of the petitioner submits that the latter is the brother-in-law of respondent No. 2/complainant. It is further submitted that the parties have now orally settled their disputes with the intervention of friends and other well wishers and in pursuance of the same, 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 11:47:09 respondent no.2/complainant has no objection, if the present FIR and the consequent proceedings against the present petitioner are quashed. Copy of the no objection affidavit on behalf of respondent no. 2/complainant has been placed on record as Annexure P-3. 5. The matter was listed before the learned Joint Registrar on 01.05.2025, wherein the statement of respondent no. 2 has been recorded as under:- “I am the Respondent no. 2 in the present petition. At my instanee, FIR bearing no. 157/2024, Under Section 131 & 79 of Bharatiya Nyaya Sanhita BNS, 2023 (Under Section 352/509 IPC) was registered at PS Chitranjan Park, Delhi against the petitioner. The charge sheet has been Tiled against the petitioner. Now, I have voluntarily and without any pressure or coercion from anyone and with the intervention of friends and well wishers settled all my issues and disputes orally with the petitioner; and have given my affidavit of NOG for quashing of the abovesaid FIR which is on record at page no. 42-43 bearing my signatures. I have voluntarily and amicably resolved all my issues and disputes with the petitioner without any monetary or any other consideration keeping in view my relations with the petitioner. Ihe petitioner is my brother in law. I undertake to cooperate in the quashing of the abovesaid FIR. I shall fully cooperate in quashing of the abovesaid FIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. This is my true statement being made voluntarily in the presence of IO. I 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. Petitioner and complainant/respondent no. 2 are present before the Court through video conferencing and have been duly identified by the Investigating Officer, SI Neetu Shekhawat, P.S. Chitranjan Park. 7. Complainant/respondent No.2 states that the matter has been settled with the petitioner and she has no objection if the present FIR is quashed. 8. In view of the settlement between the parties, learned APP for the State 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 11:47:09 also has no objection if the present FIR is quashed. 9. 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.” 10. 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. 157/2024, under Sections 131/79 of the BNS, registered at P.S. Chitranjan Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Devanshi Janmeja, learned Judicial Magistrate First Class-04, (South-East), Saket Courts, Delhi. 11. In the interest of justice, the petition is allowed, and the FIR No. 157/2024, under Sections 131/79 of the BNS, registered at P.S. Chitranjan Park and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Devanshi Janmeja, learned Judicial Magistrate First Class-04, (South-East), Saket Courts, Delhi., is hereby quashed. 12. Petition is allowed and disposed of accordingly. 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 11:47:09
13. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 07, 2025/sn Click here to check corrigendum, if any