Sartaj Ahmed & ORS. v. State Of Delhi & ORS.

$~107 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3810/2025 SARTAJ AHMED & ORS.

.....Petitioners Through:

Mr. Mohd. Shamikh and Mr. Mohd.

Javed, Advs.

versus STATE OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, SC for State with ASI Rakesh Kumar and SI Suresh, PS. New Usmanpur.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 12.12.2025 CRL.M.A. 34345/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 3810/2025 3.

The present petition has been filed under Section 528 of BNSS seeking quashing of FIR No.

302/2024, under Sections 323/341/354/380/448/120B/34 IPC registered at PS Usmanpur, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4.

Issue notice. Mr. Sanjay Lao, learned Standing Counsel for the State accepts notice.

5.

The petitioners, as well as, respondents are present in Court and they have been identified by their respective counsels as well as by the Investigating Officer, ASI Rakesh Kumar and SI Suresh, PS. New Usmanpur.

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

6.

The case of prosecution is that respondent no.2 was owner of the property bearing No. A-3, measuring area 40 Sq. Yards i.e. 33.44 Sq. Meter out of Khasra in the Abadi of Gali No. 1, Kaithwara Pusta Road, Illaqa Shahdara, Delhi-110053.

7.

Respondent no.2 had entered into an agreement to sell with regard to the said property for a total consideration of Rs. 21 lacs with petitioner no.1 and received an amount of Rs.1 lac as earnest money on 18.02.2024. Thereafter, respondent no.2 sold the said property to respondent nos. 3 and 4 for a total consideration of Rs. 24 lacs.

8.

On 26.04.2024, the registered sale deed was executed. Thereafter, the petitioners allegedly entered into the said property on 30.05.2024 and gave beatings to respondent nos. 2 to 4 and took the possession of the said property forcibly. This led to the filing of written complaint on 31.05.2024 by respondent no.2 which culminated into the aforesaid FIR. 9.

A civil suit for possession was also filed by respondent nos. 3 and 4 under Section 6 of Specific Relief Act, 1963. 10.

During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Compromise Deed dated 10.11.2025 which is annexed as Annexure P-2 to the present petition.

11.

It is a term of the settlement that petitioner no.1 shall pay an amount of Rs. 24 lacs to respondent nos. 3 and 4, who shall execute the sale deed in favour of the petitioners. The said amount is payable by the petitioner no.1 to respondent nos. 3 and 4 in the following manner: (i) an amount of Rs. 2 lacs has already been paid by petitioner no.1 to respondent nos. 3 and 4 in cash.

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

(ii) an amount of Rs. 13 lacs has paid by petitioner no.1 to respondent nos.3 and 4 today in the Court by petitioner no.1 by way of two Demand Draft bearing Nos. 966060 and 966066 dated 17.11.2025 and 18.11.2025 issued by DCB Bank, Yamuna Vihar, for an amount of Rs. 7 lacs and Rs. 6 lacs, respectively quashing of the FIR.

(iii) The balance amount of Rs. 9 lacs shall be paid at the time of withdrawal of a civil suit filed by respondent nos. 3 and 4. 12.

The receipt of an amount of Rs. 15 lacs is acknowledged by respondent nos.3 and 4, who are present in Court. 13.

Respondent nos.3 and 4, on a query posed by the Court, states that they have no objection in case the FIR is quashed. 14.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

15.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 16.

Consequently, the petition is allowed and the FIR No. 302/2024, under Sections 323/341/354/380/448/120B/34 IPC registered at PS Usmanpur, Delhi alongwith all other proceedings emanating therefrom, is quashed. 17.

The petition stands disposed of in the above terms. 18.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 12, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.