Sairaj Ahmad & ANR. v. The State NCT Of Delhi And ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8770/2024 SAIRAJ AHMAD & ANR.

.....Petitioners Through:

Petitioners with their counsel Mr.

Shekhar Dasi, Mohd Talha, Mr.

Ayush Dassi and Mr. Divyansh Malhotra, Advs.

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

Mr. Naresh Kumar Chahar, APP for the State.

The mother of R-2 (deceased) with her counsel

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 17.02.2026 CRL.M.A. 5320/2026 (early hearing) 1.

By way of the present application, the petitioners seek early hearing of the present case.

2.

For the reasons mentioned in the application, the prayer made in the application is allowed and the petition is taken up for hearing today itself. 3.

Application stands disposed of.

4.

The next date of hearing i.e., 05.05.2026, stands cancelled. CRL.M.C. 8770/2024 5.

By way of present petition, the petitioners seek quashing of FIR bearing no. 287/2023, registered at Police Station Jamia Nagar, Delhi, for The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the commission of offence punishable under Sections 288/304A of the Indian Penal Code, 1860 (hereafter 'IPC').

6.

The petitioners and the mother of respondent no. 2 are present before this Court and have been identified by their counsels and concerned Investigating Officer (IO) from Police Station Jamia Nagar, Delhi. 7.

Briefly stated, facts of the present case are that on 24.07.2023, an incident had taken place due to the accidental falling of the deceased Abdul Suleman @ Salman while carrying out renovation work at H No.84, Zakir Nagar, Okhla, New Delhi, despite providing requisite safety measures and precaution. In the said incident, respondent no. 2 had unfortunately died, and based on the aforesaid event, the present FIR was registered on 24.07.2023 against the petitioners under the relevant sections. It is stated that during the pendency of the present petition, the mother of respondent no. 2 had been impleaded as the only surviving legal heir of deceased respondent no. 2. It is stated that both the parties have amicably settled the present matter vide Settlement Agreement dated 27.09.2025, entered between them. A demand draft bearing No. 693978, dated 02.02.2026, drawn on Indian Bank, in the sum of ₹16,50,000/- has been handed over to the mother of respondent no. 2 by the petitioners in Court today.

8.

On a query made by this Court, the mother of respondent no.2 who has been identified by the concerned IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that she has no objection if the present FIR is quashed. 9.

In view of the above fact that the parties have amicably resolved their The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

differences out of their own free will, without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing No. 287/2023, registered at Police Station Jamia Nagar, Delhi for the commission of offence punishable under Sections 288/304A of IPC and all consequential proceedings emanating therefrom are quashed.

11.

In view of the above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J FEBRUARY 17, 2026/A/R The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.