← Library
High Court of DelhiCRL.M.C./4749/2025

Dhiraj Kumar v. State Govt. Of NCT Of Delhi And ANR.

2025-12-15Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4749/2025 DHIRAJ KUMAR .....Petitioner Through:

Mr. Sameer Sidhar, Mr. Satyajeet Sharma, Ms. Deepika Mittal and Ms. Komal, Adv. along with petitioner versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through:

Mr. Satish Kumar, APP for State with Mr. Ashish Mahani, Mr. Bhuman Bansal and Ms.

Upasna Bakshi, Advs.

IO/SI Yogesh Kumar, PS Gulabi Bagh Mr. Sharvan Dev, Adv. for R-2 (through VC) R-2 in person

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 15.12.2025 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 petitioner praying for quashing of FIR No. 0099/2019, registered at Police Station Gulabi Bagh for the offences punishable under Sections 448/452/341/506/509 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The brief facts of the case are that respondent no. 2, a widow, was residing in the subject property along with her late husband since its purchase in 2015, though the property stood registered in the name of her brother-in-law, i.e. the petitioner. After the death of her husband, the petitioner allegedly obstructed respondent no. 2 from entering the house, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

forcibly locked the premises, took possession of her belongings, abused, threatened, and intimated her with dire consequences. Accordingly, respondent no. 2 got the present FIR registered. 3.

Learned counsel appearing on behalf of the petitioner 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.

However, at this stage, both the parties have entered a settlement on 05.11.2022 before the Delhi Mediation Centre, Tis Hazari Courts. The terms and conditions of the said settlement are mentioned in the Settlement Deed which is annexed as "Annexure A-3" to the petition. In pursuance of the said settlement, the parties have jointly agreed that the petitioner would pay a total sum of ₹4,00,000/- to respondent no. 2, out of which a remaining amount of ₹50,000/- was agreed to be paid at the time of quashing of the FIR.

5.

At this juncture, petitioner has handed over a Demand Draft bearing No. 404022 dated 11.12.2025 for the balance amount of ₹50,000/- in the name of respondent no. 2 today in the Court. Respondent no. 2 has verified the particulars of the Demand Draft to her satisfaction and stated them to be correct.

6.

It is, thus, prayed that the instant FIR be quashed on the basis of Settlement Deed dated 05.11.2022.

7.

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 petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

8.

Heard learned counsel for the parties and perused the record. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

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

10.

On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties.

11.

Keeping in view the fact that the matter stands amicably settled between the petitioner and respondent no. 2 without any pressure and that she wants to put a quietus to the proceedings, no fruitful purpose would be served by keeping the matter pending.

12.

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.

13.

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

14.

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. 0099/2019, registered at Police Station Gulabi Bagh for the offences punishable under Sections 448/452/341/506/509 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner. 15.

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

AJAY DIGPAUL, J DECEMBER 15, 2025/ar/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.