Mohd Asif And ORS v. State Govt. Of NCT Of Delhi ANR.
$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1570/2025 MOHD ASIF AND ORS .....Petitioners Through:
Mr. Neeraj Kumar Shah, Adv. with petitioners in person.
versus STATE GOVT. OF NCT OF DELHI ANR. .....Respondents Through:
Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr.
Ashvini Kumar, Ms. Chavi & Mr.
NitIsh Dhawan.
SI Sandeep Dalal & HC Devender, P.S. Punjabi Bagh.
Mr. Jatin Teotia, Mr. H.Yadav & Mr.
Varenyum, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 09.07.2025 1.
This hearing has been done through hybrid mode. CRL.M.A. 14686/2025 (Exemption) 2.
Allowed, subject to all just exceptions. The application is allowed and disposed of.
W.P.(CRL) 1570/2025 3.
The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 233/2025, under Sections 115(2)/126(2)/3(5)/351(2) of the Bharatiya Nyaya Sanhita, 2023 registered at P.S. Punjabi Bagh, Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Learned counsel appearing on behalf of the petitioners submits that the present FIR was registered at the instance of respondent no. 2 on account of a minor dispute between the parties. It is submitted that as a result of the said dispute, a cross-FIR, i.e., FIR No. 232/2025, under Sections 110/3 (5)/351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') was registered at P.S. Punjabi Bagh, at the instance of the petitioner no. 1 herein. 5.
It is further submitted that during the pendency of the aforesaid proceedings, the parties have entered into a Memorandum of Understanding/Settlement deed dated 20.04.2025, pursuant to which parties have no objection to quashing of the cross FIRs. The cross FIR, i.e, FIR No. 232/2025, under Sections 110/3(5)/351(2) of the BNS, was registered at P.S. Punjabi Bagh, which is the subject matter of W.P.(CRL.) 1396/2025. 6.
Petitioners and the complainant/respondent no. 2 are present before the Court today and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Sandeep Dalal & HC Devender, P.S. Punjabi Bagh.
7.
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. 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 authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
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. 233/2025, under Sections 115(2)/126(2)/3(5)/351(2) of the BNS, registered at P.S. Punjabi Bagh, Delhi. 10.
In the interest of justice, the petition is allowed, and the FIR No. 233/2025, under Sections 115(2)/126(2)/3(5)/351(2) of the BNS, registered at P.S. Punjabi Bagh, 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 9, 2025/nk/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.