Mohammad Walid Oriakhail v. State NCT Of Delhi & ANR.
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. 3170/2025 & Crl.M.A. 13934/2025 MOHAMMAD WALID ORIAKHAIL .....Petitioner Through:
Mr. Zahib F Chouhan, Ms. Iqura Khan & Ms. Nida Parveen, Advocates
Versus
STATE NCT OF DELHI & ORS.
.....Respondents Through:
Mr.
Yudhvir Singh Chauhan, Additional Public Prosecutor for Respondent-State with SI Ravi Beniwal Mr. Neeraj Kumar Jha, Advocates for Respondents No. 2 & 3
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 09.05.2025 1.
The present Petition under Section 528 of The Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed seeking quashing of the FIR No. 301/2018, under Section 279/506 IPC and Section 185 of MV Act, registered at Police Station Lajpat Nagar, New Delhi. 2.
It is submitted that the Petitioner herein is the Recognized Refugee in India under the protection of United Nations High Commissioner for Refugees (UNHCR), holding Registration No. 305-16C02760, and has remained under such protection for a prolonged period. 3.
It is submitted that the Petitioner and Respondent No. 2 with the intervention of common family, friends, well wishers and Respectable The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CRL. M.C. 3170/2025 Page 1 of 3
persons, have amicably decided to settle all issues and misunderstandings between them without any pressure, threats, coercion or undue influence from any corner whatsoever and duly executed the Memorandum of Settlement on 03.05.2025 wherein it has been mutually agreed/acknowledged that the unfortunate incident as alleged in the said FIR arose due to sudden traffic tensions and not because of any intentional or deliberate act of the Petitioner.
4.
Also, the Petitioner has undertaken to pay a one-time compensation amount of Rs.20,000/- to the Respondent No. 2, who has, in turn, undertaken to cooperate in the quashing proceedings and has no objection to the quashing of the F.I.R bearing No. 301 of 2018. 5.
Respondent No.2 is present before this Court and he submits that the Petitioner was no drunk on the date of the incident and no threat was extended by him and he has no objection to the quashing of the FIR in question.
6.
This Court under Section 482 Cr.P.C. has inherent power to quash criminal proceedings even in those cases which are not compoundable, but such power has to be exercised sparingly and with great caution. In the present case, the Complaint of the FIR has submitted that he was not extended any threat by the Petitioner and he has been duly compensated by the Petitioner.
7.
In view of the fact that the parties have amicably compromised their dispute, no fruitful purpose would be served in continuing with the proceedings arising out of FIR under Sections 279/506 IPC in question, subject to Petitioner depositing cost of Rs.15,000/- in the Delhi High Court Advocates Welfare Trust. Having regard to the totality of circumstances, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CRL. M.C. 3170/2025 Page 2 of 3
Petitioner is admonished for the offence under Section 185 of M.V. Act. 8.
At this stage learned Counsel for the Petitioner has sought pass over to deposit the cost.
9.
Be taken up at the end of the Board.
NEENA BANSAL KRISHNA, J MAY 9, 2025 10.
Learned Counsel for the Petitioner has placed before this Court the copy of the screen shot of payment of Rs.15,000/- with Delhi High Court Advocates Welfare Trust through UPI ID 549545908432, which is taken on record.
11.
In view of the above, FIR No. 301/2018, under Sections 279/506 IPC and Section 185 of MV Act, registered at Police Station Lajpat Nagar, New Delhi and proceeding emanating therefrom are hereby quashed. The Petitioner is admonished for the offence under Section 185 of M.V. Act. 12.
The present Petition and pending Application stand disposed of accordingly.
NEENA BANSAL KRISHNA, J MAY 9, 2025 r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CRL. M.C. 3170/2025 Page 3 of 3