Ashish Dadheech v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2385/2020 & CRL.M.A. 16806/2020 ASHISH DADHEECH .....Petitioner Through:

Mr. Raaj Malhotra, Mr. J.

Karan Malhotra, Ms.

Shubhra A. Sharma and Ms.

Ranjita Biswas, Advocates.

versus STATE & ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 10.07.2025 1.

The present petition is filed seeking quashing of FIR No. 289/2020, dated 08.07.2020, registered at Police Station Vasant Kunj North for offences under Sections 269/270 of the Indian Penal Code, ('IPC') including all consequential proceedings arising therefrom. Chargesheet has been filed in the present case.

2.

The FIR was registered pursuant to a complaint given by Respondent No.2, who is a Police official, alleging violation of COVID-19 regulations by the petitioner for using the property bearing No. 9767, Vasant Kunj, New Delhi 110070 (hereafter "premises") leased by him on behalf of FIITJEE Ltd., as a quarantine centre without seeking permission of the concerned authorities.

3.

The learned counsel for the petitioner submits that the petitioner is working with FIITJEE Ltd. as a Manager (Property The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and Land Acquisition) and that the said premises was leased in the year 2017 for being used by the staff of the lessee, that, is FIITJEE Ltd. In this regard, he has placed on record the copy of the Lease Deed dated 19.09.2017.

4.

He submits that all the people found to have been occupying the said premises are the staff members of the lessee and have been staying there since much before the outbreak of COVID-19.

5.

He submits that all the people found to have been living at the said premises were following the COVID-19 regulations and were regularly getting their tests done. He has further placed on record the test reports of the people occupying the said premises. 6.

The present petition is filed on the ground that the offences as alleged against the petitioner are trivial in nature and arise due to a misunderstanding. It is stated that despite best efforts of the petitioner to explain the facts to the Investigating Officer/ complainant, the present FIR has been registered with haste and without application of mind.

7.

The learned Additional Public Prosecutor for the State does not oppose the quashing of the present FIR. 8.

It is pertinent to note that some of the other States, including Uttar Pradesh and Madhya Pradesh, have already taken actions to withdraw the cases that were lodged due to violation of Covid-19 guidelines in public interest.

9.

It is trite law that the inherent powers of this Court are wide in nature and the same can be exercised in the interest of justice to prevent an abuse of the process of Court. 10.

The offences as alleged against the petitioner were borne out of the petitioner violating Covid-19 regulations. Proceedings of such nature were initiated at that stage as a deterrent to ensure The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compliance of the prescribed protocols.

11.

In view of the nature of allegations, this Court feels that continuance of the proceedings would serve no purpose and interest of justice would be adequately served by subjecting the petitioner to pay cost, keeping in mind the fact that the State machinery has been put to motion.

12.

In view of the above, FIR No. 289/2020 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹20,000/- by the petitioner, to be deposited with the Delhi Police Welfare Society within a period of eight weeks from date.

13.

Let the proof of deposit of cost be submitted to the concerned SHO.

14.

The present petition is allowed in the aforesaid terms. Pending application is disposed of.

AMIT MAHAJAN, J JULY 10, 2025 DU The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.