Akash & ANR. v. State NCT Of Delhi And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 559/2025 & CRL.M.A. 5096/2025 AKASH & ANR.
.....Petitioners Through:
Mr. Changez Khan, Mr. Yash Narain, Advocates with Petitioners in person versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kr. Arya, Mr.
Aryan Sachdeva, Advocates with WSI Shailja, PS Prasad Nagar Respondent No. 2 in person (through VC)
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 10.07.2025 1.
The present petition filed under Article 226 of the Constitution of India, 1950 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (formerly Section 482 of the Code of Criminal Procedure, 19732) seeks quashing of FIR No. CD-PN-000161/20203 dated 10th July, 2020, registered under Section 379/381/411/34 of the Indian Penal Code, 18604 at P.S. (e-Police Station) Prasad Nagar, Central District and all proceedings emanating therefrom.
1 "BNSS"
2 "Cr.P.C."
3 "the impugned FIR"
4 "IPC"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
2.
The impugned FIR was lodged on a complaint made by Respondent No. 2 wherein he alleged that on 27th June, 2020, three people, including the Petitioners, stole 18 rolls of denim fabric, amounting to INR 3,50,000/-, from his shop.
3.
The present petition has been filed on the ground that the dispute has been amicably resolved between the parties of their own free will, without any coercion, pressure, or undue influence. On 17th February, 2025, the statements of the Petitioners, Respondent No. 2 and the Investigating Officer have been recorded before the Joint Registrar confirming the settlement on the basis of no-objection of Respondent No.2. 4.
Respondent No. 2, appearing through video conferencing, gives his no objection to the quashing of the impugned FIR and states that he has received the stolen goods. An affidavit to this effect has also been placed on record.
5.
The Court has considered the facts placed on record. It is pertinent to note that the offences under Sections 379, 381 and 411 of the IPC are compoundable, albeit with the permission of the Court, and only at the instance of the aggrieved parties. However, that does not debar the High Court from resorting to its inherent power under Section 582 of BNSS and pass an appropriate order so as to secure the ends of justice. 6.
Having regard to the nature of the dispute and the fact that the aggrieved party has amicably settled the matter, this court is of the view that continuation of the criminal proceedings would serve no useful purpose. Therefore, in light of the statements made before the Court and the aforementioned No Objection Affidavit, the present petition is allowed and FIR No. CD-PN-000161/2020, registered at P.S. (e-Police Station) Prasad Nagar The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
and all proceedings emanating therefrom are hereby quashed. 7.
However, considering the fact the State machinery has been put into motion, ends of justice would be served if the Petitioners are put to cost. 8.
Accordingly, the impugned FIR No. CD-PN-000161/2020 and all consequential proceedings arising therefrom are hereby quashed qua the Petitioners, subject to payment of cost of INR 5,000/- each, to be deposited with the Delhi Police Welfare Society within a period of two weeks. 9.
The parties shall be bound by the terms of settlement. 10.
Accordingly, the petition is disposed of along with pending application(s).
SANJEEV NARULA, J JULY 10, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.