Mr. Nitu Bhatia, Adv. alongwith v. THE STATE

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3102/2025 SHIVAM ARORA .....Petitioner Through: Mr. Nitu Bhatia, Adv. alongwith petitioner versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Satish Kumar, APP for the State with SI Amit, PS Prashant Vihar Mr. Pulkit Dagar, Adv. for R-2 alongwith R-2 CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 19.08.2025 1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) has been filed by the petitioner praying for quashing of FIR No. 0171/2025 registered at Police Station - Prashant Vihar on 29.03.2025, for offences punishable under Sections 281/125(a) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”). 2. It is observed that the amended memo of parties in terms of order dated 06.08.2025 was not filed. However, during the course of proceedings, the same was filed and has been taken on record. 3. Learned counsel for the petitioner submitted that on 29.03.2025, at around 01:30 AM, respondent no. 2 was taking his mother and two maternal aunts from PVR Rohini on his motorcycle bearing no. DL-10-SE7125 and 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 21/08/2025 at 12:23:25 when he reached near Prashant Hospital, a car make of Hyundai I-20 bearing no. DL-8CAS-8218 came from behind at a high speed and collided with the bike of respondent no. 2 whereafter he alongwith the co-passengers fell down. The car driver ran from the spot, and respondent no. 2 chased him and caught him near Delhi Jal Board Haiderpur Gate Outer Ring Road after which they reached hospital and got themselves treated. Thereafter, respondent no. 2 called the PCR. 4. It is submitted that the petitioner and respondent no. 2 have now settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. It is further submitted that respondent no. 2 has been duly compensated for the injuries suffered by him. 5. Settlement deed dated 26.04.2025 is on record and has been annexed as Annexure P-2A vide which the petitioner has agreed to pay Rs. 5,00,000/- to respondent no. 2. Further, qua this deed, respondent no. 2 has agreed to withdraw the case arising out of FIR No. 0171/2025 registered at Police Station -Prashant Vihar against the petitioner. 6. It is thus prayed that the instant FIR may be quashed on the basis of the compromise. 7. 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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8. Heard learned counsel for the parties and perused the record. 9. The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Prashant Vihar. 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 21/08/2025 at 12:23:25 Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer. 10. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties. 11. At this juncture, petitioner has handed over the balance amount of ₹2,50,000/-, to respondent no. 2 today in the Court. Respondent no. 2 has acknowledged the receipt of the same. 12. Keeping in view the fact that the matter stands settled between the petitioner and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 13. In view of the fact that the parties have arrived at a settlement and further having regard to the fact that respondent no. 2 does not wish to pursue the instant FIR, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom. 14. In the present case, since the State machinery has been put into motion, the police has concluded the investigation, has filed the charge-sheet and the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioner. In the facts and circumstances of the present case, the petitioner is directed to deposit a cost of Rs.10,000/- with the Delhi High Court Legal Services Committee within a period of one week from today. 15. Hence, in light of the judgment of the Hon‟ble Supreme Court passed 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 21/08/2025 at 12:23:25 in Gian Singh vs. State of Punjab (2012) 10 SCC 303, the instant petition is allowed and FIR No. 0171/2025 registered at Police Station - Prashant Vihar, for offences punishable under Sections 281/125(a) of the BNS, and consequent proceedings emanating therefrom, are quashed subject to payment of cost of Rs. 10,000/-, which shall be deposited with the Delhi High Court Legal Service Authority within a period of one week from today. The receipt of payment is to be deposited and verified by the concerned IO. 16. The petition alongwith pending application(s), if any, stands disposed of. AJAY DIGPAUL, J AUGUST 19, 2025/ar/ryp