← Library
High Court of DelhiCRL.M.C./3041/2025

Osama Amjad & ORS. v. State Govt. Of NCT Of Delhi And ANR

2025-07-01Hon'Ble Mr. Justice Amit Sharma3 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3041/2025 OSAMA AMJAD & ORS.

.....Petitioners Through:

Mr. Mohd. Imran Ahmad, Advocate (through Vc).

Petitioners in person.

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

Mr. Pradeep Gahalot, APP for the State with SI Nitin, P.S. Jamia Nagar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 01.07.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 13510/2025 (exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 3041/2025 3.

The present petition under Section 528 of the BNSS seeks quashing of FIR No. 471/2022, under Sections 323/341/506/34 of the IPC, registered at P.S. Jamia Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Bhavya Karhail, learned Judicial Magistrate First Class, South East, Saket Courts, Delhi.

4.

Learned counsel for the petitioners submits that on account of some misunderstanding which arose between the parties, the present FIR was registered at instance of respondent no. 2. It is further submitted that during The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the pendency of the proceedings, the parties have arrived at a settlement vide Memorandum of Understanding dated 30.10.2024 and in pursuance of the said MoU, respondent no. 2 has no objection if the present FIR is quashed. 5.

Petitioners and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Nitin, P.S. Jamia Nagar. 6.

The complainant/respondent No.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed. 7.

Learned APP for the State has handed over a status report dated 01.07.2025 authored by SHO, P.S. Jamia Nagar, wherein it is stated that there is no other involvement of the petitioners in any other offence. The said status report is taken on record. He further submits that the chargesheet in the present case has been filed.

8.

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

9.

In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 471/2022, under Sections 323/341/506/34 of the IPC, registered at P.S. Jamia Nagar and all other consequential proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

emanating therefrom, including the chargesheet pending before the Court of Sh. Bhavya Karhail, learned Judicial Magistrate First Class, South East, Saket Courts, Delhi.

10.

In the interest of justice, the petition is allowed, and the FIR No. 471/2022, under Sections 323/341/506/34 of the IPC, registered at P.S. Jamia Nagar and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Bhavya Karhail, learned Judicial Magistrate First Class, South East, Saket Courts, Delhi, is hereby quashed.

11.

Petition is allowed and disposed of accordingly. 12.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 1, 2025/bsr 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.