Mohd Chand v. The State NCT Of Delhi & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

4818/2025, CRL.M.A.

20881/2025 & CRL.M.A.

20882/2025 MOHD CHAND .....Petitioner Through:

Mr. A.P. Singh, Adv. with petitioner in person.

versus THE STATE NCT OF DELHI & ANR. .....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv.

SI Suresh Kumar Meena, PS New Usmanpur.

Mr. Rajesh Sharma, Adv. for R-2 (through VC) Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 24.11.2025 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.495/2013 registered at Police Station - New Usmanpur for the offences punishable under Section 380 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The brief facts of the case are that on 24.11.2013 respondent no. 2 came to his house with his cousin, the petitioner. There was no one in the house at that time except the two of them. Respondent no. 2 took a nap and as he woke up, he found out that his almirah was open and petitioner was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

not there. Later, he found that cash worth ₹1,62,000/- and two gold bangles were missing from the almirah. Hence the present FIR. 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.

Compromise deed dated 17.02.2020 is on record and has been annexed as "Annexure P-4" to the petition. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No.495/2013 registered at Police Station - New Usmanpur, against the petitioner. 5.

An affidavit of respondent no. 2 dated 29.04.2025 is also on record and has been annexed as "Annexure P-5" to the petition. In para 5 of the aforesaid affidavit, it is mentioned that respondent no.2 has no objection if the present FIR is quashed.

6.

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 affidavit.

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. 9.

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

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

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.

11.

Keeping in view the fact that the matter stands settled between the petitioner and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and all 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.495/2013 registered at Police Station - New Usmanpur for the offences punishable under Section 380 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 NOVEMBER 24, 2025/AS/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.