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High Court of DelhiCRL.M.C./1208/2025

Noshad Ahmed v. State Govt. Of NCT Of Delhi And ANR.

2025-09-22Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1208/2025 NOSHAD AHMED .....Petitioner Through:

Mr. Chinmaya Sejwal, Adv. along with petitioner versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Satish Kumar, APP for State with SI Prem Giri, PS K.N.K. Marg Mr. Jagvir Badhana, Adv. for R-2 R-2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 22.09.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioner praying for quashing of FIR No. 0049/2016 registered at Police Station K.N. Katju Marg on 14.01.2016, for offences punishable under Sections 354/354(A)/354(B)/354(D)/341/323/509 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that the respondent no. 2, was subjected to persistent harassment by the petitioner. About two years prior to the incident, the petitioner used to stare at her and subsequently began receiving The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

blank and harassing calls. On 14.01.2016, at around 6 PM, while returning with her friends and walking towards Manav Chowk, Sector 15, Rohini, the petitioner suddenly got down from his car, insisted that she talk to him alone, and upon her refusal, caught hold of her hand, pulled at her scarf and threw it away, and thereafter slapped her and pushed her to the ground by pulling her hair, causing injuries to her cheek, neck, and head. When her friends intervened, they too were assaulted, after which the petitioner fled from the spot in his car. Respondent no. 2 was thereafter taken to BSA Hospital, where she was medically examined, and the doctor opined that the nature of injury being simple.

3.

Learned counsel appearing on behalf of the petitioner has submitted that the chargesheet has already been filed against the petitioner. It is submitted that the petitioner and respondent no. 2 have settled their dispute amicably and are now moving forward towards a peaceful and harmonious future.

4.

A copy of affidavit of respondent no. 2 is on record and has been annexed as "Annexure P-3." Qua this affidavit, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 0049/2016 registered at Police Station K.N. Katju Marg against the petitioner wherein paragraph 2 states that respondent no. 2 has no objection if the present FIR is quashed against the petitioner.

5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station K.N. Katju Marg. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties. Respondent no. 2 has further stated that she now wishes to focus on her future and move on from this litigation. 10.

Keeping in view the fact that the matter stands amicably settled between the petitioner and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties have arrived at a settlement and further having regard to the fact that the injury suffered by the complainant/respondent no.2 is simple in nature, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. Further in view of the fact that the parties have arrived at settlement, the chances of ultimate conviction of the accused persons are also bleak.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 0049/2016 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

registered at Police Station K.N. Katju Marg for the offences punishable under Sections 354/354(A)/354(B)/354(D)/341/323/509 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner.

14.

The petition alongwith pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 22, 2025/ar/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.