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High Court of DelhiCRL.M.C./3385/2025

Mohan Jindal v. State Of NCT Of Delhi And ANR

2025-05-14Hon'Ble Ms. Justice Neena Bansal Krishna4 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3385/2025 MOHAN JINDAL .....Petitioner Through:

Counsel for Petitioner (appearance not given) along with Petitioner.

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

Mr. Shoaib Haider, APP for the State with SI Sumeet, PS Vivek Vihar.

Ms. Salma, Advocate for R2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 14.05.2025 CRL.M.A. 14945/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 3385/2025 3.

Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioner, Mr. Mohan Jindal for quashing of FIR No. 0428/2023 under Sections 354/354A/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'), registered at Police Station Vivek Vihar, Delhi and all the proceedings emanating therefrom including Report The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

under Section 173(2) CrPC, 193(2) B.N.S.S., in terms of the Settlement Agreement dated 08.04.2025.

4.

Issue Notice.

5.

Mr. Shoaib Haider, learned APP appearing on advance Notice, accepts Notice on behalf of the State.

6.

Brief facts of the case are that the Petitioner is a landlord and the Respondent No. 2 is a tenant. The parties have known to each other from the past many years but due to some financial issues, their relationship turned sour and the FIR No. 0428/2023 under Sections 354/354A/506 IPC got registered at Police Station Vivek Vihar, Delhi. 7.

It is submitted that the Petitioner and the Respondent No. 2 arrived at an amicable Settlement vide Compromise/Settlement Deed dated 08.04.2025. In terms of the Settlement Deed, the Statement of the parties have already been recorded before the learned Joint Registrar wherein they have arrived at the Settlement voluntarily and agreed to the quashing of the present FIR.

8.

On query from both the parties, it is informed that the Complainant was a tenant in the premises of the Petitioner and now they have settled the matter in which the Petitioner/Landlord has foregone the rent of about Rs.6,00,000/- while the Respondent has vacated the premises and possession has been handed over to the Petitioner. In the Settlement Deed, it was inter alia settled between the parties that both the parties shall withdraw their respective cases. In view of the Settlement Agreement dated 08.04.2025, the present Petition has been filed.

9.

The parties are present before this Court in-person today and have been identified by their learned Counsel and Investigating Officer The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned. The parties have endorsed the amicable Settlement. The parties have undertaken to remain bound by the terms of the Settlement. 10.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 08.04.2025 and thus, no fruitful purpose will be served in continuing with the FIR.

11.

The present Petition has been signed by the Petitioner and is supported by his Affidavit. The parties have reaffirmed the terms of the Settlement Agreement and they also submit that the said Settlement Agreement has been arrived at between the parties, without any pressure and coercion.

12.

Today, the Respondent No. 2, who is present in the Court, states that she has no objection if the FIR is quashed.

13.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the aforesaid FIR in question.

14.

Considering the backdrop in which the said FIR was registered and has been settled now, in the interest of justice, FIR No. 0428/2023 under Sections 354/354A/506 IPC registered at Police Station Vivek Vihar, Delhi and all consequential proceedings emanating therefrom including Report under Section 173(2) CrPC 193(2) B.N.S.S., are quashed subject to payment of cost of Rs.15,000/- to be deposited by the Respondent with the Delhi High Court Advocates' Welfare Trust within three days. In case, the said The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

cost is not deposited within three days, the matter be placed before the learned Registrar General for recovery of the said cost as land revenue from the Respondent.

15.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J MAY 14, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.