Subhash Thakur and Ms. Khusboo Kumari, Advocates along with v. THE STATE ANR
Case Details
Acts & Sections
Cited in this judgment
$~61 * IN THE HIGH COURT OF DELHIAT NEW DELHI + CRL.M.C. 3161/2025 MUNNI DWIVEDI .....Petitioner Through: Ms. Priyanka Siwas, Mr. Dinesh Kumar Sharma, Mr. Shubham Mishra, Mr. Krishan Shokeen, Mr. Jai Subhash Thakur and Ms. Khusboo Kumari, Advocates along with petitioner in person. versus THE STATE & ANR. .....Respondents Through: Mr. Tarang Srivastava, APP for the State with SI Rajat, P.S. Begumpur. Mr. Manish Malik, Mr. Shivam and Mr. Dinesh Kumar Madesiya, Advocates for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 27.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 13900/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 3161/2025 3. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 45/2011, under Sections 420/467/468/471/120B of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, 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 30/05/2025 at 13:14:48 North-West, Rohini Courts, Delhi. 4. Learned counsel for the petitioner submits that the latter is stated to be 71 years of age and during the pendency of the proceedings in the aforesaid FIR, the parties have arrived at a settlement vide memorandum of settlement dated 19.04.2025 and in pursuance of same, respondent no. 2 has no objection, if the present FIR is quashed. 5. Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rajat, P.S. Begumpur. 6. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 06.05.2025: - 1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 45/2011 Under Sections 420/467/468/471/120B of the Indian Penal Code registered at P.S. BEGUM PUR on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioner and R-2 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioner stated that dispute between him and R-2 has been amicably settled as per the settlement deed dated 22.04.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. He has signed the settlement deed with his wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicablysettled as per the settlement deed dated 22.04.2025. 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. Separate statement of Investigating Officer has also been recorded. 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 30/05/2025 at 13:14:48
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 27.05.2025.” 7. Respondent no. 2/complainant submits that in terms of settlement arrived at between the parties, he has no objection if the present FIR is quashed. 8. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 9. In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 proceedings.” 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. 45/2011, under Sections 420/467/468/471/120B of 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 30/05/2025 at 13:14:48 the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, North-West, Rohini Courts, Delhi. 11. In the interest of justice, the petition is allowed, and FIR No. 45/2011, under Sections 420/467/468/471/120B of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, North-West, Rohini Courts, Delhi, is hereby quashed. 12. Petition is allowed and disposed of accordingly. 13. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2025/bsr Click here to check corrigendum, if any
$~61 * IN THE HIGH COURT OF DELHIAT NEW DELHI + CRL.M.C. 3161/2025 MUNNI DWIVEDI .....Petitioner Through: Ms. Priyanka Siwas, Mr. Dinesh Kumar Sharma, Mr. Shubham Mishra, Mr. Krishan Shokeen, Mr. Jai Subhash Thakur and Ms. Khusboo Kumari, Advocates along with petitioner in person. versus THE STATE & ANR. .....Respondents Through: Mr. Tarang Srivastava, APP for the State with SI Rajat, P.S. Begumpur. Mr. Manish Malik, Mr. Shivam and Mr. Dinesh Kumar Madesiya, Advocates for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 27.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 13900/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 3161/2025 3. The present petition under Section 528 of the BNSS seeks quashing of FIR No. 45/2011, under Sections 420/467/468/471/120B of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, 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 30/05/2025 at 13:14:48 North-West, Rohini Courts, Delhi. 4. Learned counsel for the petitioner submits that the latter is stated to be 71 years of age and during the pendency of the proceedings in the aforesaid FIR, the parties have arrived at a settlement vide memorandum of settlement dated 19.04.2025 and in pursuance of same, respondent no. 2 has no objection, if the present FIR is quashed. 5. Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Rajat, P.S. Begumpur. 6. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 06.05.2025: - 1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 45/2011 Under Sections 420/467/468/471/120B of the Indian Penal Code registered at P.S. BEGUM PUR on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioner and R-2 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioner stated that dispute between him and R-2 has been amicably settled as per the settlement deed dated 22.04.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. He has signed the settlement deed with his wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicablysettled as per the settlement deed dated 22.04.2025. 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. Separate statement of Investigating Officer has also been recorded. 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 30/05/2025 at 13:14:48
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 27.05.2025.” 7. Respondent no. 2/complainant submits that in terms of settlement arrived at between the parties, he has no objection if the present FIR is quashed. 8. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 9. In Gian Singh v. State of Punjab (2012) 10 SCC 303, 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 proceedings.” 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. 45/2011, under Sections 420/467/468/471/120B of 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 30/05/2025 at 13:14:48 the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, North-West, Rohini Courts, Delhi. 11. In the interest of justice, the petition is allowed, and FIR No. 45/2011, under Sections 420/467/468/471/120B of the IPC, registered at P.S. Begumpur, Delhi and all other consequential proceedings emanating therefrom, including the chargesheet filed and pending before the Court of Sh. Deepak Vats, learned Additional Chief Judicial Magistrate, North-West, Rohini Courts, Delhi, is hereby quashed. 12. Petition is allowed and disposed of accordingly. 13. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 27, 2025/bsr Click here to check corrigendum, if any