✦ High Court of India · 11 Sep 2025

Mr.Sourabh Aggarwal, Advocate v. THE STATE NCT OF DELHI AND ANR

Case Details High Court of India · 11 Sep 2025
Court
High Court of India
Decided
11 Sep 2025
Bench
Not available
Length
1,042 words

Cited in this judgment

$~41 and 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3756/2025 MS MANALI .....Petitioner Through: Mr.Sourabh Aggarwal, Advocate versus THE STATE NCT OF DELHI AND ANR .....Respondents Through: Mr.Digam Singh Dagar, APP. Mohd. Azhar, Advocate for R-2. 42 + CRL.M.C. 5156/2025 GAURAV JAIN .....Petitioner Through: Mohd. Azhar, Advocate versus STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr.Digam Singh Dagar, APP. Mr.Sourabh aggarwal, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE ARUN MONGA O R D E R % 11.09.2025 CRL.M.A. No. 16500/2025 in CRL.M.C. No. 3756/2025 CRL.M.A. No. 22321/2025 in CRL.M.C. No. 5156/2025 Allowed, subject to all just exceptions. The application stands disposed 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 06/10/2025 at 12:57:11 Crl.M.C. No. 3756/2025 and Crl.M.C. No. 5156/2025 1. By this common order, above titled two petitions seeking quashing of cross-FIRs, i.e., FIR No. 80/2021, dated 16.02.2021 under Sections 354(D)/506//509/34 of the IPC registered at police station Bharat Nagar (CRL.M.C.3756/2025) as well as FIR No. 675/2020 dated 24.12.2020 under Sections 354(A)/354(D)/506/509 of the IPC registered at police station Bharat Nagar (Crl. M.C. No. 5156/2025) are being disposed of on the ground of compromise between the parties vide Memorandum of understanding dated 28.05.2024. 2. The FIR No. 675/2020 registered initially was against the husband of the complainant in FIR No. 80/2021, which was registered later in time, after about 2 months. Both FIRs, ibid, arise out of the dispute persisting among the same parties who were neighbours at the time of the incident. 3. I have heard the learned counsels for the parties and perused the record of the case files. 4. Learned APP for State does not oppose the prayer made by the petitioners seeking quashing of the cross FIR in view of the compromise between the parties. 5. The parties to the petitions are present in Court and have been duly identified by their respective counsel and the Investigating Officer. 6. On a query by the Court, the parties candidly submit that they are well known to each other and at the relevant time they were immediate neighbours and some serious misunderstanding resulted into registration of two cross FIRs. The parties invoked Section 354D of the IPC against each other by levelling the allegations as noted in the FIRs which resulted due to cross scuffle of pushing each other involving ladies of the house. 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 06/10/2025 at 12:57:11

7. Complainant in FIR No. 80/2020 is present in Court and upon a pointed query she submits that at the relevant time she did not understand the import of such allegations and invocation of penal sections by the police officials and the adverse consequences that would dawn upon on the petitioner, who is accused in Crl. M.C. No. 5156/2025. 8. She further submits that subsequently with the intervention of the elders and the mutual friends she has arrived at the settlement and thus she does not wish to press the charges against the petitioner. 9. Likewise, is the stand of complainant in the FIR No. 80/2021 who is also present in Court. She is wife of accused/ petitioner in Crl.M.C. No. 5156/2025. She states that the FIR No. 80/2021 was lodged at her instance and she does not wish to press the charges. Both the complainants in respective FIR’s would submit that they have arrived at the settlement of their own volition without any duress pressure or coercion and have no objection to the quashing of the FIRs. 10. It also transpires that petitioner in Crl.M.C. No. 5156/2025 has also shifted from the locality to a new place in order to live peacefully. 11. On a pointed question put to the parties as to why they lodged the FIRs against each other and misused the criminal machinery unnecessarily, they would show remorse. They say that they are highly regretful and would not repeat such a behaviour in future. They further state that they did not realize the adverse consequences of making such allegations. In any case, they were not aware as to what sections would be invoked by the police officials. They jointly submit that they have buried the hatchet. They wish to enjoy the mutual cordiality and bonhomie arising out of the settlement. They submit that FIRs be quashed as they do not intent to press any charges 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 06/10/2025 at 12:57:11 against each other. 12. Taking a wholesome view and in order to let the parties to enter mutual cordiality and the bonhomie which will go long way to establish peace rather than promote hostility in case further proceedings continue, this is a fit case to exercise inherent power under 528 of BNSS in quashing the FIR in question. 13. Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS it is deemed expedient to quash both the FIRs in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303. 14. Accordingly, both the petitions are allowed. The FIR No. 80/2021, dated 16.02.2021 under Sections 354(D)/506//509/34 of the IPC registered at police station Bharat Nagar (CRL.M.C.3756/2025) as well as FIR No. 675/2020 dated 24.12.2020 under Sections 354(A)/354(D)/506/509 of the IPC registered at police station Bharat Nagar (Crl.M.C. No. 5156/2025), along with all consequential proceedings arising there from are hereby quashed. 15. The petitions stand disposed of. ARUN MONGA, J SEPTEMBER 11, 2025/SV

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