Mudasir Ansari & ORS v. The State & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4691/2019 MUDASIR ANSARI & ORS .....Petitioners Through:

Mr.

Vivek Sharma, Mr.

Vikas Sharma and Ms. Devanshi Sharma, Advocates with petitioners in person.

versus THE STATE & ANR

...Respondents

Through:

Ms. Priyanka Dalal, APP for the State with SI Arvind, PS-Gokalpuri.

Mr. S.S. Das, Ria Das and Ms. Sia Das, Advocates.

Mr. J.S. Kanwar, Advocate.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 27.02.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed on behalf of the petitioners praying for quashing of FIR bearing No. 23/2014 dated 7th January, 2014 registered at Police Station - Gokal Puri, Delhi for offences punishable under Sections 392/452/323/506/34 of the Indian Penal Code, 1860 (hereinafter "IPC") and consequential proceedings. 2.

Learned counsel for the petitioners submitted that on account of certain misunderstanding between the petitioners and the respondent no.2, a complaint was lodged against the petitioners by the respondent no.2, which resulted in registration of the instant FIR . 3.

It is submitted that with the intervention of family members and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

relatives, both the parties have entered into a settlement. The terms and conditions of the said settlement are mentioned in the Compromise Deed dated 11th September, 2019 (Annexure P-2) and Compromise Deed dated 26th November, 2019.

4.

Therefore, it is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise and in accordance with the settled position of law as posited by the Hon'ble Supreme Court. At this juncture, the petitioners who are present in person also undertake to not repeat the same conduct in the future. 5.

Per contra, Mr. Priyanka Dalal, learned APP for the State submitted that in case this Court is inclined to allow the instant petition and to quash the FIR in question in view of the settlement arrived at between the parties, cost may be imposed upon the petitioners as the FIR was registered in the year 2014 and a period of more than 10 years of judicial time is wasted. 6.

Heard learned counsel for the parties and perused the record. 7.

The petitioners are present before this Court and has been identified by their counsel and and the Investigating Officer. The respondent No.2 to 4 are also present in the Court and have been identified by their counsel and the Investigating Officer.

8.

On the query made by this Court, respondent nos.2 to 4 have categorically stated that they have entered into compromise on their own free will and without any pressure. It is also stated by respondent nos.2 to 4 that the entire dispute has been amicably settled between the parties and they do not wish to pursue the aforesaid FIR anyfurther. 9.

Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioners, no useful purpose would be served by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

keeping the matter pending. Hence, FIR bearing No. 23/2014 dated 7th January, 2014 registered at Police Station - Gokal Puri, Delhi for offences punishable under Sections 392/452/323/506/34 of the IPC and consequent proceedings emanating therefrom are quashed, subject to the deposition of cost of Rs. 15,000/- (Rupees Fifteen Thousand Only) by each of the petitioner in the Army Central Welfare Fund, Saving Account no. 520101236373338 (IFSC- UBIN0530778), Bank Name - Union Bank of India, Branch- Chandni Chowk, Delhi - 110006 within a period of two weeks. The receipt to the payment of the aforesaid cost shall be furnished before the IO as well as the Registry of this Court within two weeks. 10.

The petition alongwith pending application(s), if any, stands disposed of.

CHANDRA DHARI SINGH, J FEBRUARY 27, 2025 NA/anr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.