Sufiyan @ Suhail Alam & ANR. v. State Government Of NCT Of Delhi & ORS.
$~62 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 804/2025 SUFIYAN @ SUHAIL ALAM & ANR.
.....Petitioners Through:
Mr.
Samana Suhail, Mr Osama Suhail, Advs.
versus STATE GOVERNMENT OF NCT OF DELHI & ORS.
.....Respondents Through:
Mr. Amol Sinha, ASC with Mr.
Kshitiz Garg, Mr. Ashvini Kumar, Advs.
Mr. Emaduddin Kirmani, Adv.
Mr. Mohd. Shahid, Adv.
SI Narender Kumar, PS Mehrauli
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 07.03.2025 1.
This is a petition seeking for quashing of FIR No.02/2025 dated 01.01.2025 registered at PS Mehrauli under Sections 110, 126(2), 351(3), 324(4) and 3(5) of BNS and any consequential proceedings emanating therefrom.
2.
It is stated that the parties have arrived at a settlement/Memorandum of Understanding ("MoU") dated 29.01.2025.
3.
The brief facts of the case as per the said FIR are that on 01.01.2025 at approximately 8:00 PM, a telephonic conversation occurred between petitioner No.1 and respondent No.3, during which remarks were made that were later interpreted as threatening.
4.
Shortly after the call, son of respondent No.2 (Sharik) encountered petitioner No.1, leading to a verbal dispute and a minor scuffle. Upon learning of the incident, respondent No.3 arrived at the scene, resulting The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in a further exchange of words.
5.
Later, it was reported to respondent No.2 that petitioners were near the residence of one Danish, where an incident involving damage to a motorcycle and a confrontation with one Himanshu took place. 6.
When respondent No.2 and respondent No.3 arrived at the residence of Danish, an altercation ensued, resulting in minor injuries to respondent No.2 and his son (Nurain).
7.
As per the MLC report, the nature of injuries sustained by respondent No.2 and Nurain were simple in nature.
8.
Thereafter, an FIR was registered against the petitioners by respondent No.2 and respondent No.3.
9.
Proforma Respondent No.4 also filed a complaint addressed to the SHO, CP and DCP for the above set of events which included offences against him for which no actions were taken by the police and are not mentioned in the present FIR.
10. Petitioner No.1 was arrested on 02.01.2025 and petitioner No.2 was granted interim protection by the learned Sessions Court, Saket, South Delhi vide the order dated 24.01.2025.
11. Mr. Garg, learned counsel appearing on behalf of respondent No.1, has produced a status report today.
12. However, during the pendency of the proceedings, the parties have arrived at a settlement/MoU dated 29.01.2025, wherein the respondents have resolved the disputes with the petitioners and have agreed to quashing of the said FIR.
13. The affidavits of no objection of the respondents are also annexed with the petition.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
14. Respondent No.2 is present in Court today and has been identified by Mr. Emaduddin Kirmani, learned counsel as well as IO SI Narender Kumar, PS Mehrauli.
15. Mr. Suhail, learned counsel appearing on behalf of the petitioners, undertakes that the petitioners are responsible citizens and states that the petitioners will not repeat such similar acts in future.
16. The parties state that they have arrived at a settlement out of their own free will and without any threat, pressure or coercion.
17. I am of the opinion that no useful purpose would be served in prosecuting the FIR any further on the ground that the parties have arrived at a voluntary settlement and settled their disputes.
18. I am convinced that quashing such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.
19. However, in my considered opinion, considerable time of the police officials as well as of the court has been wasted and thus, the petitioners must pay some costs.
20. For the said reasons, the petitioners shall pay a sum of Rs. 10,000/- each (Rs. 20,000/- in total) as costs to respondent No.2 and Nurain within 4 weeks from today.
21. The proof of the said payment shall be placed on record by learned counsel for the petitioners. In case of default, the file shall be put up before the Court.
22. Subject to the aforementioned terms and conditions, FIR No.02/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
dated 01.01.2025 registered at PS Mehrauli under Sections 110, 126(2), 351(3), 324(4) and 3(5) of BNS and any consequential proceedings emanating therefrom are hereby quashed.
23. In view of the matter, petitioner No.1 shall be released forthwith, if not required in any other case.
24. The status report handed over in Court today is taken on record.
25. The petition is allowed and disposed of accordingly. JASMEET SINGH, J MARCH 7, 2025 / (MS) Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.