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High Court of DelhiCRL.M.C./7276/2025

Mohammad Shahid Khan v. State (Govt. Of NCT Of Delhi) & ANR.

2025-10-14Hon'Ble Mr. Justice Arun Monga2 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7276/2025 MOHAMMAD SHAHID KHAN .....Petitioner Through:

Mr. M. Nafees Bukhari, Mr.

Mohammad Fatir & Mr. Sarim, Advs alongwith accused in person.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, APP for State.

Mr. M. Asad Beig, Adv for R-2/ Complainant alongwith R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SHAIL JAIN

O R D E R

% 14.10.2025 1.

This hearing has been done through hybrid mode. 2.

This Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,2023/Section 482 of the Code of Criminal procedure,1973.

3.

The Petition herein, is a petition for Quashing of FIR No. 224/2024 (hereinafter 'Impuned F.I.R.'), dated 22.06.2024, registered at Police Station Kamla Market, Delhi, for offences punishable under Sections 336/338 of the Indian Penal Code, 1860, on the ground that the parties have amicably settled their dispute.

4.

The brief facts of the present case are that on 22.06.2024, an accident occurred at House No. 3852, Shahganj, G.B. Road, Ajmeri Gate, Delhi110006, in which a portion of the balcony of the aforesaid building collapsed onto the street due to heavy rain storm resulting in grievous injuries to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 11:56:07

Respondent No 2.

5.

Issue notice.

6.

Mr. Sanjeev Sabharwal, learned APP for the State enters apperance and accepts notice.

7.

The parties are present in the Court today and have been duly identified by the Investigating Officer. In the aforesaid backdrop, I have heard the rival contentions and also interacted with the complainant who is present in person.

8.

On a query put to the complainant, he submits that he has arrived at a mutual settlement on his own volition without any duress or coercion and pursuant thereto, have settled the aforesaid matter amicably and he has no objection against the quashing of the impugned FIR and all proceedings emanating therefrom.

9.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the Impugned FIR. Reference in this context may also be made to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. (2012) 10 SCC 303. 10.

Accordingly, the present petition is allowed and the Impugned FIR dated 22.06.2024, registered at Police Station Kamla Market, Delhi for the offences punishable under Sections 336/338 of the Indian Penal Code, 1860, along with all consequential proceedings arising there from are hereby quashed, subject to payment of costs of ₹10,000/- to be deposited by the petitioner with the Delhi High Court Legal Services Committee. SHAIL JAIN, J OCTOBER 14, 2025/sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/10/2025 at 11:56:07