Payal Gupta v. State & ANR.
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.
2562/2021, CRL.M.A.
17099/2021, CRL.M.A.
10801/2022, CRL.M.A. 10876/2022 & CRL.M.A. 1483/2025. PAYAL GUPTA .....Petitioner Through:
Mr. Anil K. Gujral & Mr. Vikram Gujral, Advocates.
versus STATE & ANR.
.....Respondents Through:
Mr. Shoaib Haider, APP for the State.
Mr. Vichitra Kumar, Mr. Nitin Gahlawat and Ms. Seemab Ali Fatima Advs. for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 03.12.2025 1.
Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner for quashing of FIR No.0372/2021 under Section 328 of IPC, registered at PS: South Rohini, Delhi and also quash Order of learned MM dated 21.08.2021, whereby directions were issued for registration of FIR.
2.
Learned APP for the State points out that essentially the Order of learned MM dated 21.08.2021 directing registration of FIR has been challenged, which cannot be challenged in Petition under Section 482 Cr.P.C. and should have been challenged in Revision Petition. Submissions heard and record perused.
3.
Quashing of FIR has been sought essentially on the ground that there was Mediated Settlement dated 20.12.2019 inter se parties. But, on specific The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2025 at 12:18:59
query, it has been confirmed that though the settlement took place between the parties, but its terms have not been fully complied with and therefore, FIR cannot be quashed.
4.
Second ground, which has been contended is that it is the Complainant who made to drink phenyl, for which she was taken to the Hospital by Police. However, present counter-FIR has been registered against the Petitioner. It has also been submitted that Chargesheet already stands filed. 5.
It is evident that quashing of FIR has been sought on the merits, which is beyond the scope of Petition under Section 482 Cr.P.C. 6.
Accordingly, present Petition along with pending Applications is disposed of, with liberty to the Petitioner to raise her contentions before the learned Trial Court in accordance with law.
NEENA BANSAL KRISHNA, J.
DECEMBER 3, 2025/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/12/2025 at 12:18:59