Mr. R.K.Singh, Adv. with the v. THE STATE GOVT. OF NCT OF DELHI AND ANR
Case Details
Cited in this judgment
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3060/2025 ABHAY SINGH YADAV & ORS. .....Petitioners Through: Mr. R.K.Singh, Adv. with the petitioners in person versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with SI Rajnandini, PS Hauz Qazi Respondent no. 2 (Through VC) CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 30.10.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR bearing No. 216/2022 of PS Hauz Qazi for offence under Section 354/427/447/506/120B/380/356/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts of the case are that the petitioners repeatedly pressurised respondent no. 2 to sell her property situated at H. No. 4574/11, Kuvha Bibi Gohar, Charkhewalan Chowk. On visiting the said property, she found the locks broken, household items stolen, and a portion of the wall damaged. When she raised alarm, the petitioners allegedly assaulted, 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 06/11/2025 at 11:32:39 misbehaved, and outrage her modesty. They also disconnected her water and electricity supply and threatened her with dire consequences. This led to the registration of the said FIR. 3. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4. Compromise deed dated 25.04.2025 is on record and has been annexed as Annexure P-1. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 216/2022 registered at Police Station Hauz Qazi against the petitioners. 5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 7. Heard learned counsel for the parties and perused the record. 8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Hauz Qazi. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 9. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled 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 06/11/2025 at 11:32:39
10. She further submits that she does not wish to pursue the present proceedings any further and seeks to put a quietus to the same, as she intends to move forward in her life. It is stated that she has been suffering from persistent health issues and that the continued pendency of the present criminal proceedings has been causing her immense mental stress and physical strain, thereby aggravating her medical condition. She avers that in view of her fragile health and deteriorating condition, she desires that the matter be brought to an end in the interest of peace and to enable her to lead a stable and dignified life. 11. Keeping in view the fact that the dispute between the petitioners and respondent no. 2 stands amicably resolved without any threat, coercion, or undue influence, and respondent no. 2 has unequivocally stated that she does not wish to pursue the proceedings any further, this Court is of the considered view that no useful purpose would be served by allowing the criminal proceedings to continue. 12. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom. 13. In the present case, the State machinery has been put into motion and the police has concluded the investigation and has filed the charge-sheet and further the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners. In the facts and circumstances of the present case, the petitioners are directed to deposit cost in the following manner within a period of one week from today: i. Rs. 25,000/- by petitioner no. 1 to be deposited with the CDCBA Members Welfare Fund, Account bearing No. 33640110020388 (IFSC Code: UCBA0003364) maintained with the UCO Bank, 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 06/11/2025 at 11:32:39 Rouse Avenue Court Complex, New Delhi; ii. Rs. 10,000/- by petitioner no. 2 to be deposited with the NDBA Members Welfare Fund, Account bearing No. 18580110013847 (IFSC Code: UCBA0001858) maintained with the UCO Bank, Patiala House Court Complex, New Delhi; iii. Rs. 10,000/- by petitioner no. 3 to be deposited in the account of D.H.C.B.A. Costs Account i.e., saving account no. 15530110179338 (IFSC- UCBA0001553), Bank Name- UCO Bank, Branch- Delhi High Court; iv. Rs. 10,000/- by petitioner no. 4 to be deposited with with the Delhi Police Welfare Society. 14. Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR bearing No. 216/2022 of PS Hauz Qazi for offence under Section 354/427/447/506/120B/380/356/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to payment of cost of Rs. 25,000/- by petitioner no. 1 and a cost of Rs. 10,000/- each by petitioners no. 2 to 4 which shall be deposited with the aforementioned associations within a period of one week from today. The receipt of payment is to be deposited and verified by the concerned IO. 15. The petition alongwith pending application(s), if any, stands disposed of. AJAY DIGPAUL, J OCTOBER 30, 2025/Sk/dd