Mohd Afzal v. State NCT Of Delhi And ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4235/2025 MOHD AFZAL .....Petitioner Through:

Mr. Rohit Jain, Mr. Kartik Pandey, Mr. Ahmed Jamal Siddiqui, Mr. Aditya Sharma, Mr. Abhishek Gandhi, Mr. Zuber Ali, Mr. Kshitiz kishore Rai, Mr. Hemant and Mr. Sultan, Advs. along with petitioner versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with Ms. Upasna Bakshi, Adv.

IO/WSI Pinki, PS Vasant Kunj, SI Manisha, P.S Jharoda Kalan and SI Neha Chaudhary, PS Preet Vihar Mr. Sudhakar Singh and Mr. Manoj Kumar, Advs. for R-2 along with R-2

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 09.10.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioner praying for quashing of FIR No. 209/2020 registered at Police Station Preet Vihar for the offences punishable under Sections 354/354A/354D/328/506 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that the petitioner, who met respondent no. 2 through a mobile dating application named „Happen‟, called her to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

meet on 05.10.2020 at around 3:00 PM at V3S Mall, Nirman Vihar and thereafter, he allegedly made respondent no. 2 sit in his car and took her to Shipra Mall, Ghaziabad. While returning at around 6:30 PM, the petitioner outraged the modesty of the respondent no. 2. 3.

Learned counsel appearing on behalf of the petitioner has submitted that the chargesheet has already been filed against the petitioner. It is submitted that the petitioner and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

4.

Settlement deed dated 26.05.2025 is on record and has been annexed as "Annexure P-3". Qua this deed, respondent no. 2 has agreed to withdraw the case arising out of FIR No. 209/2020 registered at Police Station Preet Vihar against the petitioner.

5.

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. 6.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Preet Vihar. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties. She states that she wishes to put a quietus to the matter and move on with her life, for the sake of her own peace of mind.

10.

Keeping in view the fact that the matter stands amicably settled between the petitioner and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No. 209/2020 registered at Police Station Preet Vihar for the offences punishable under Sections 354/354A/354D/328/506 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 14.

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

AJAY DIGPAUL, J OCTOBER 9, 2025/ar/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.