Sundaram Rokaya & ORS. v. State NCT Of Delhi & ANR.
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4484/2025 SUNDARAM ROKAYA & ORS.
.....Petitioners Through:
Mr. Akhilesh Yadav, Adv. along with the petitioners in person versus STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. with SI Rohan Dabas, PS Sagarpur Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 23.09.2025 1.
The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioners praying for quashing of FIR no. 0219/2025 registered at Police Station Sagarpur for offences punishable under Sections 351(3)/109 (1)/3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter "BNS"). 2.
The brief facts of the case are that an altercation took place between the complainant and one Prem, who is known to the petitioner, near shop no. 16, Nasirpur Mandi, Delhi, at around 9 PM. As per the complaint, it is alleged that the petitioner and others attacked the complainant. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel appearing on behalf of the petitioners submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.
Settlement Agreement dated 09.06.2025 is on record and has been annexed as "Annexure P-3". Qua this Agreement, the respondent no. 2 has agreed to withdraw the case arising out of FIR no. 0219/2025 registered at Police Station Sagarpur against the petitioners. 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 petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Sagarpur. Respondent no. 2 is also present in the Court and has been identified by 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 any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.
10.
Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
11.
In the present case, this Court deems it appropriate to discourage the trend of heated altercations between minors / young adults which often arise due to gatherings of pride leading to inflated estimations of selfworth to the detriment of the rest of society. Therefore, it is appropriate that costs be imposed upon petitioners no. 1 and 3, considering that petitioner no. 2 is still a minor. The petitioners no. 1 and 3 are directed to deposit a cost of ₹ 5,000/- each with DHCBA Women Advocates Welfare Fund within a period of two weeks.
12.
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. 0219/2025 registered at Police Station Sagarpur for offences punishable under Sections 351(3)/109(1)/3(5) of the BNS, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to payment of cost of ₹ 5,000/- each by petitioner no. 1 and 3 which shall be deposited in the account of DHCBA Women Advocates Welfare Fund i.e., saving account no. 15530110172858 (IFSC- UCBA0001553), Bank Name- UCO Bank, Branch- Delhi High Court within a period of two weeks. The receipt of payment is to be deposited with and verified by the concerned IO. 13.
The petition along with pending application(s), if any, stands disposed of.
AJAY DIGPAUL, J SEPTEMBER 23, 2025 gs/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.