Ms. Nishtha Sharma, Advocates alongwith v. STATE NCT OF DELHI

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3633/2025& CRL.M.A. 15944/2025 MAHENDER KUMAR ARORA & ORS. .....Petitioners Through: Ms. Nishtha Sharma, Advocates alongwith petitioner in person. versus STATE NCT OF DELHI .....Respondent Through: Mr. Pradeep Gahalot, APP for the State. SI Pradeep Tewatia, PS Cyber/NW and SI Ram Prasad, PS Bharat Nagar. Ms. Divya Vinayak, Advocate for R-2. R-2 through VC. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 28.05.2025 1. This hearing has been done through hybrid mode. 2. The present petition filed under Section Section 482 of the Cr.P.C. seeks quashing of FIR No. 8/2021, under Sections 323/354/452/506/509/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Preeti Rajouria, learned JMFC, North-West District, Rohini Courts, Delhi. 3. Learned counsel appearing on behalf of the petitioners submits that petitioners and the respondent no.2 herein are neighbours and an incident related to a minor dispute resulted in the registration of the FIR. It is further submitted that parties have now settled their disputes with the intervention of friends and other well wishers vide settlement deed dated 16.04.2025.The 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 31/05/2025 at 14:59:26 copy of the aforesaid compromise deed dated 16.04.2025 is on record (Annexure P-3). 4. The matter was listed before the learned Joint Registrar (Judicial) on 22.05.2025, wherein statement of Respondent no. 2 was recorded and the same is reproduced as under:- “1. I am the Respondent no. 2 in the present petition. At my instance, FIR No. 08/2021, Under Section 323/354/452/506/509/34 IPC, was registered PS Bharat Nagar, Delhi against the petitioners. The charge sheet has been filed against the petitioners. The case is at the stage of prosecution evidence. However, my testimony has not been recorded yet. 2. Now, I have voluntarily without any pressure or coercion from anyone and with the intervention of friends and colleagues and after obtaining due legal advice entered into MOU/settlement deed executed on 16.04.2025 with the petitioners and have settled all my issues, disputes and grievances with the petitioners. The MOU is on record as Annexure P-3 at page 58 onwards bearing my signatures; however the same have been masked to prevent revealing of my identity. 3. I have entered into a settlement without any monetary or any other consideration, keeping in view that petitioners were my neighbour and now they have left the said premises and I have also forgotten and forgiven them. 4. Now I have no objections, if the FIR No. 08/2021, Under Section 323/354/452/506/509/34 IPC, registered PS Bharat Nagar, Delhi and all proceedings emanating there from are quashed against all the petitioners. 5. Now, I voluntarily also do not wish to pursue FIR No. 08/2021, Under Section 323/354/452/506/509/34 IPC, registered PS Bharat Nagar, Delhi against the petitioners. I have no objection if the abovesaid FIR is quashed. 6. I undertake to cooperate in quashing of the FIR and also undertake not to institute any other civil or criminal proceedings on the same facts and circumstances against the petitioners. I undertake to remain bound by the terms of the settlement. 7. I have also given my NOC affidavit in support of the present quashing petition containing my no objection for quashing of the abovesaid FIR which is at page no. 20 onwards of the petition bearing my signatures however the same have been masked to prevent revealing of my 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 31/05/2025 at 14:59:26 identity. 8. This is my true statement being made voluntarily in the presence of my counsel & IO. I fully understand the consequences of making this statement. I have put my thumb impressions on the statement in the presence of IO after the same has been read over to me in Hindi.” 5. Petitioners are present before the Court and complainant/respondent no. 2 is present through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Ram Prasad, PS Bharat Nagar. 6. The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. 7. In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 8. 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.” 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. 8/2021, under Sections 323/354/452/506/509/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before 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 31/05/2025 at 14:59:26 the court of Ms. Preeti Rajouria, learned JMFC, North-West District, Rohini Courts, Delhi. 10. In the interest of justice, the petition is allowed, and the FIR No. 8/2021, under Sections 323/354/452/506/509/34 of the IPC, registered at P.S. Bharat Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the court of Ms. Preeti Rajouria, learned JMFC, North-West District, Rohini Courts, Delhi, is hereby quashed. 11. Petition is allowed and disposed of accordingly. 12. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MAY 28, 2025/sn/pr Click here to check corrigendum, if any