Gaurav Singh And ORS. v. The State Of NCT Of Delhi And ANR

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3081/2025 GAURAV SINGH AND ORS.

.....Petitioners Through:

Ms. Alka Singh and Mr. Vaibhav Tomar, Advocates alongwith Petitioners in person.

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

Mr. Anand V Khatri, ASC(Crl) with SI Rahul, PS Burari.

Mr. Jagdish Vats and Ms. Kashish Vats, Advocates for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 22.09.2025 1.

Petitioners herein seek quashing of FIR No. 0760/2025 dated 20.08.2025 for the alleged offenses under Sections 333 (House-trespass after preparation for hurt, assault or wrongful restraint), 115(2) (Voluntarily causing hurt), 127(2) (Wrongful confinement), 324(2) (Mischief), 61(2)(a) (Criminal conspiracy), 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 registered at Police Station Burari, along with all consequential proceedings arising therefrom, on the basis of a compromise between the parties. 2.

Per the FIR, the complainant, Store Manager of Big Basket Company, alleged that the petitioners forcibly entered the godown, assaulted and threatened the staff.

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3.

Learned Counsels for the petitioners submit that after the intervention of a common friend, the parties have amicably settled the dispute vide MOU/ Settlement Deed dated 05.09.2025 which is placed on record (Annexure B). He further submits that an affidavit of no objection to the quashing, deposed by respondent no. 2, has also been placed on record. 4.

Both the counsel for Respondent No. 2 and the learned ASC for the State concur with the factum of the compromise between the parties and convey their no objection to the quashing of the FIR. 5.

In the aforesaid backdrop, I have heard learned counsels for the parties, as well as perused the material available on record. 6.

The parties are present in Court, and I have interacted with the complainant present in person. It so appears that they have settled their differences without any duress and coercion and out of their free will. He further states that he does not wish to press charges against the petitioners. 7.

Given that the dispute has been resolved, continuing with criminal proceedings may serve no useful purpose. It would be a drain on judicial resources and abuse of the process of law, especially when dispute does not involve any public interest or interest of the society at large. Continuation of the proceedings, on the other hand, may result in hostility between the parties and defeat the very purpose of the settlement. 8.

Quashing the FIRs would rather facilitate the parties in maintaining or restoring cordiality. Therefore, the proceedings deserve to be quashed in the exercise of the inherent powers of the Court. Reference may be had to the judgement rendered in Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303] in this context.

9.

Even on a plain reading, and in light of the candid statements of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

parties, it appears doubtful whether the essential ingredients of the offences invoked under the penal provisions are satisfied. 10.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is therefore deemed expedient to quash the FIR in question.

11.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No. 0760/2025, dated 20.08.2025, registered at P.S. Burari, under Sections 333/ 115(2)/ 127(2) / 324(2)/ 61(2)(a)/ 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 against the petitioners and further proceedings arising therefrom are hereby quashed.

12.

Pursuant to the quashing of the said FIR, the vehicle of the petitioner which was seized by the I.O. shall be released forthwith. 13.

All pending application(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 22, 2025/rs/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.