Sh. Sarjeet Singh Dhaka And ANR v. The State (Govt. Of NCT Of Delhi) And ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 626/2025 SH. SARJEET SINGH DHAKA AND ANR .....Petitioners Through:

Mr. Vijay Rani and Mr. Adhish Sharma, Advocates.

versus THE STATE (GOVT. OF NCT OF DELHI) AND ANR. Respondents Through:

Mr. Yasir Rauf Ansari, ASC for the State along with Mr. Alok Sharma and SI Pankaj Kumar, PS Jyoti Nagar.

Mr. Shubham Bharti, Ms. Suruchi Sharma and Ms. Vanshika Pandey, Advocates for Respondent No. 2 and 3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 17.10.2025 1.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 482 of the Code of Criminal Procedure, 19732) seeks quashing of FIR No. 455/2024 dated 1st November, 2024, registered under Sections 115(2)/126(2)/79/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 20233 at P.S. Jyoti Nagar, Delhi and all consequential proceedings emanating therefrom. 1 "BNSS"

2 "CrPC"

3 "IPC"

W.P.(CRL) 626/2025 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

In accordance with the directions passed on the last date of hearing, the Petitioners have filed the amended memo of parties impleading the Complainant's husband, being an aggrieved party as per the FIR, as Respondent No. 3.

3.

The case of the prosecution, in brief, is that on 31st October, 2024, the complainant (Respondent No. 2) reported that her neighbours, S.S. Dhaka, Om, (the Petitioners) and two others were throwing crackers near her CNG vehicle despite her warnings. Upon intervening, she was verbally abused by S.S. Dhaka, who claimed to be a police officer. When her husband (Respondent No. 3) protested, the accused physically assaulted him and threatened the family. Respondent No. 3 was hospitalized and MLCs were obtained.

4.

The parties state that, with the intervention of common friends, colleagues and other respectable members of society, Respondents No. 2 and 3 have amicably resolved the dispute with the Petitioners and have decided not to pursue the present FIR against them. Pursuant to this settlement, a Compromise Deed/Settlement Deed4 dated 12th February, 2025, has been executed between the Petitioners and Respondent No. 2, copy whereof has been placed on record and perused by the Court. As per its terms, Respondent No. 2 has mutually resolved all disputes and differences with the Petitioners and has agreed to voluntarily give her no objection to the quashing of the subject FIR.

5.

Respondents No. 2 and 3, who appear before the Court in person and are identified by the Investigating Officer, unequivocally state that they do not wish to pursue the FIR proceedings. They confirm that their decision to W.P.(CRL) 626/2025 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

settle the matter is voluntary and made without any undue influence or coercion. It is further noted that the as per the MLCs of Respondent Nos. 2 and 3, the injuries suffered by them were simple in nature. In light of the foregoing, the Petitioners seek quashing of the subject FIR and all proceedings arising therefrom.

6.

The Court has considered the submissions of the parties. The offences under Sections 115(2), 126(2), and 351 of the BNS are compoundable by the person hurt, the person restrained, and the person intimidated, respectively and the offence under Section 79 BNS, is compoundable by the woman whose modesty was insulted, with the permission of the Court. However, that does not debar the High Court from resorting to its inherent power under Section 528 of BNSS (formerly, Section 482 of Cr.P.C.) and pass an appropriate order so as to secure the ends of justice. 7.

Having regard to the nature of the dispute and the fact that the aggrieved parties have amicably settled the matter, this Court is of the view that continuation of the criminal proceedings would serve no useful purpose. In the circumstances, this is a fit case for exercise of jurisdiction under Section 528 of BNSS, as the continuance of proceedings would amount to an abuse of the process of law and impede the ends of justice. 8.

In view of the foregoing, the present petition is allowed and FIR No. 455/2024 registered at P.S. Jyoti Nagar, Delhi, as well as all consequential proceedings arising therefrom are hereby quashed. 9.

However, since the State machinery was set in motion based on the impugned FIR, it is appropriate to impose costs on the Petitioners. Accordingly, the Petitioners are directed to deposit INR 5,000/- each with 4 "MoU"

W.P.(CRL) 626/2025 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Delhi Police Welfare Fund within a period of four weeks from today. Proof of payment be furnished to the concerned IO four weeks thereafter. 10.

The parties shall remain bound by the terms of settlement. 11.

Accordingly, the petition is disposed of along with pending application(s).

SANJEEV NARULA, J OCTOBER 17, 2025/MK W.P.(CRL) 626/2025 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.