Delhi High Court · 2025

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1552/2025 SHRI NAVEEN JAIN AND OTHERS .....Petitioners Through: Mr. Arun Gaur, Mr. Yakchhandar Jain and Ms. Poonam Sharma, Advs. along with the petitioners in person. versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates. Insp. Surendra Sharma, DIU/SHD. Mr. Puneet Tomar and Mr. Veeresh Kumar Sharma, Advs. For R-2 to 5 along with R-2 to 5 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 21.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 14476/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(CRL) 1552/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) registered at P.S. Shahdara. 4. Brief facts leading to filing of the present petition are that on 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 02/07/2025 at 01:05:20

29.01.2025, the present FIR was registered against the petitioners by respondents no. 2 to 5, wherein, respondent no. 2 is the complainant, respondent no. 3 is the mother of the complainant, respondent no. 4 is the sister of the complainant, respondent no. 5 is the nephew of the complainant. It is noted that the petitioners had a minor dispute in which the public persons of the locality gathered and, subsequently, respondent no. 2 to 5 got some injuries, which happened on account of some misunderstanding between the parties, but with the intervention of common friends, the petitioner has settled the matter amicably with the respondent no.2. 5. Learned counsel appearing on behalf of the petitioner submits that during the pendency of the proceedings, the latter has settled the matter with respondent no. 2/complainant vide a Memorandum of Understanding/Settlement Deed dated 03.04.2025 (Annexure P-2), in pursuance of which respondent no. 2 also has no objection, if the present is quashed. 6. Petitioners and respondents no. 2 to 5 are present in-person before the Court today and the parties have been duly identified by their respective counsels as well as their Investigating Officer, Inspector Surendra Sharma, DIU/SHD. 7. The matter was also placed before the learned Joint Registrar who has recorded statements of both the parties and passed the following order dated 09.05.2025 which reads as under: "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. 58/2025 Under Sections 110/115(2)/3(5)/76 BNS registered at P.S. SHAHDARA on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioners 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 02/07/2025 at 01:05:20 R-2 to 5 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 to 5 has been amicably settled as per the settlement deed dated 03.04.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 to 5 stated that dispute between R-2 to 5 and petitioners has been amicably settled as per the settlement deed dated 03.04.2025. 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. 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 21.05.2025.” 8. In Gian Singh vs. 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 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 02/07/2025 at 01:05:20 question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 9. 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. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara. 10. In the interest of justice, the petition is allowed, and the FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara, is hereby quashed. 11. Learned APP for the State has no objection, if the present FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara, is quashed. 12. Petition is allowed and disposed of accordingly. 13. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MAY 21, 2025/kr/sc Click here to check corrigendum, if any

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1552/2025 SHRI NAVEEN JAIN AND OTHERS .....Petitioners Through: Mr. Arun Gaur, Mr. Yakchhandar Jain and Ms. Poonam Sharma, Advs. along with the petitioners in person. versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates. Insp. Surendra Sharma, DIU/SHD. Mr. Puneet Tomar and Mr. Veeresh Kumar Sharma, Advs. For R-2 to 5 along with R-2 to 5 in person. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 21.05.2025 1. This hearing has been done through hybrid mode. CRL.M.A. 14476/2025 (Exemption) 2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(CRL) 1552/2025 3. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) registered at P.S. Shahdara. 4. Brief facts leading to filing of the present petition are that on 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 02/07/2025 at 01:05:20

29.01.2025, the present FIR was registered against the petitioners by respondents no. 2 to 5, wherein, respondent no. 2 is the complainant, respondent no. 3 is the mother of the complainant, respondent no. 4 is the sister of the complainant, respondent no. 5 is the nephew of the complainant. It is noted that the petitioners had a minor dispute in which the public persons of the locality gathered and, subsequently, respondent no. 2 to 5 got some injuries, which happened on account of some misunderstanding between the parties, but with the intervention of common friends, the petitioner has settled the matter amicably with the respondent no.2. 5. Learned counsel appearing on behalf of the petitioner submits that during the pendency of the proceedings, the latter has settled the matter with respondent no. 2/complainant vide a Memorandum of Understanding/Settlement Deed dated 03.04.2025 (Annexure P-2), in pursuance of which respondent no. 2 also has no objection, if the present is quashed. 6. Petitioners and respondents no. 2 to 5 are present in-person before the Court today and the parties have been duly identified by their respective counsels as well as their Investigating Officer, Inspector Surendra Sharma, DIU/SHD. 7. The matter was also placed before the learned Joint Registrar who has recorded statements of both the parties and passed the following order dated 09.05.2025 which reads as under: "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. 58/2025 Under Sections 110/115(2)/3(5)/76 BNS registered at P.S. SHAHDARA on the basis of settlement arrived at between the parties. 2. As per the submissions, the matter between the petitioners 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 02/07/2025 at 01:05:20 R-2 to 5 has been amicably settled. 3. Vide separate statement recorded in this behalf, petitioners stated that dispute between them and R-2 to 5 has been amicably settled as per the settlement deed dated 03.04.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. They have signed the settlement deed with their wish and will. Vide separate statement recorded in this behalf, R-2 to 5 stated that dispute between R-2 to 5 and petitioners has been amicably settled as per the settlement deed dated 03.04.2025. 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. 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 21.05.2025.” 8. In Gian Singh vs. 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 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 02/07/2025 at 01:05:20 question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” 9. 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. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara. 10. In the interest of justice, the petition is allowed, and the FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara, is hereby quashed. 11. Learned APP for the State has no objection, if the present FIR No. 58/2025 under Sections 110/115(2)/3(5)/76 of the BNS, registered at P.S. Shahdara, is quashed. 12. Petition is allowed and disposed of accordingly. 13. Pending application(s), if any, also stands disposed of. AMIT SHARMA, J MAY 21, 2025/kr/sc Click here to check corrigendum, if any