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High Court of DelhiCRL.M.C./5838/2025

Amit Nagar v. The State And Another

2025-09-19Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5838/2025 AMIT NAGAR .....Petitioner Through:

Ms.

Simran, Adv.

along with petitioner versus THE STATE AND ANOTHER .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Lavkant, PS Pandav Nagar Mr. V. K. Mahato, Adv. for R-2 along with R-2

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 19.09.2025 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. 208/2012 registered at Police Station - Pandav Nagar on 05.06.2012, for offences punishable under Sections 323/452/380/427/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that on 04.06.2012, at around 10:45 PM, when respondent no. 2 was present at his shop along with his brother and friends, the petitioner along with his associates entered into his shop and started vandalizing it and scattered the goods kept there. When the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2 protested the same, the petitioner started beating the respondent no. 2 and his friends. When the respondent no. 2 checked his shop, an amount of ₹10,000/- and a laptop make TENOVA were missing. 3.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner and respondent no. 2 have now settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Compromise deed dated 02.08.2025 is on record and has been annexed as Annexure P-3. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 208/2012 registered at Police Station - Pandav Nagar 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.

Heard. Issue notice.

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 - Pandav Nagar. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

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

amicably settled between the parties and he does not wish to pursue the matter any further.

11.

Keeping in view the fact that the matter stands amicably been settled between the petitioner and respondent no. 2 without any pressure, 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 and further having regard to the fact that the injury suffered by the complainant/respondent no.2 is simple in nature, 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.

In the present case, the State machinery has been put into motion and the police has concluded the investigation and has filed the charge-sheet and further the judicial time has also been wasted, therefore, it is deemed appropriate to impose cost on the petitioner. In the facts and circumstances of the present case, the petitioner is directed to deposit a cost of Rs.10,000/- with the Delhi High Court Legal Services Committee within a period of two weeks from today.

15.

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. 208/2012 registered at Police Station Pandav Nagar for the offences punishable under Sections 323/452/380/427/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioner, subject to payment of cost of Rs. 10,000/-. The receipt of payment is to be deposited and verified by the concerned IO.

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

16.

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

AJAY DIGPAUL, J SEPTEMBER 19, 2025/ar/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.