Phool Singh v. State NCT Of Delhi And ANR
$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4476/2025 PHOOL SINGH .....Petitioner Through:
Mr. Dinesh Minocha, Mr. Hriday Minocha and Mr. Krishan Pal Singh, Advocates.
Petitioner in person.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Pradeep Gahalot, APP for the State with ASI Naushad Haider P.S.
Bhajanpura Mr. Ajay Yadav and Mr. Rajesh Kumar, Advocates for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 10.07.2025 1.
This hearing has been done through hybrid mode. CRL.M.A.
19520/2025 (Exemption)&CRL.M.A.
19521/2025 (Exemption) 2.
Allowed, subject to all just exceptions. The applications are disposed of.
CRL.M.A. 19519/2025 (Delay 31 days in re-filing the present petition) 3.
The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') read with Section 5 of the Limitation Act seeks condonation of delay of 31 days in re-filing the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petition.
4.
In view of the averments made in the application and in the interest of justice, the application is allowed and disposed of. 5.
Delay of 31 days in re-filing the present petition is condoned. CRL.M.C. 4476/2025 6.
The present petition filed under Section 528 of the BNSS seeks quashing of FIR No. 84/2018, under Sections 308/341 of the IPC, registered at P.S. Bhajanpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Sanjeev Jain, learned Principal District & Sessions Judge, North-East, Karkardooma Courts, Delhi.
7.
Learned counsel for the petitioner submits that the present FIR was registered at the instance of respondent no. 2 on account of a minor dispute between the parties. It is further submitted that during the pendency of the present proceedings, the parties have arrived at a settlement vide Memorandum of Understanding/Compromise deed dated 23.05.2025 for a settlement amount of Rs. 60,000/- 8.
Petitioner and complainant/respondent no. 2 are present before the Court and have been duly identified by their respective counsel, as well as the Investigating Officer, ASI Naushad Haider, P.S. Bhajanpura. 9.
In terms of the settlement, a demand draft bearing no. 867178, dated 27.05.2025, for Rs. 60,000/- drawn on State Bank of India has been handed over to the complainant/Respondent No.2, who acknowledges the receipt of the same.
10.
The complainant/respondent no.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
states that all the terms of the agreement have been complied with. 11.
Learned APP for the State submits that the investigation in the present case is complete and the chargesheet has been filed. 12.
In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding." 13.
In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 84/2018, under Sections 308/341 of the IPC, registered at P.S. Bhajanpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Sanjeev Jain, learned Principal District & Sessions Judge, North-East, Karkardooma Courts, Delhi.
14.
In the interest of justice, the petition is allowed, and the FIR No. 84/2018, under Sections 308/341 of the IPC, registered at P.S. Bhajanpura and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Sh. Sanjeev Jain, learned Principal District & Sessions Judge, North-East, Karkardooma Courts, Delhi, is hereby quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
15.
Petition is allowed and disposed of accordingly. 16.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 10, 2025/bsr/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.