Iqbal Ahmed & ORS. v. The State NCT Of Delhi And ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 8710/2025 IQBAL AHMED & ORS.
.....Petitioners Through:
Ms. Nidhi Lakra, Ms. Prachi Verma and Ms. Simran Singh, Advs. with petitioners in person.
versus THE STATE NCT OF DELHI AND ORS .....Respondents Through:
Ms. Richa Dhawan, APP for State with SI Ankita Singh PS Safdarjung Enclave.
Mr. Sagar Tanwar and Ms. Shalu Yadav, Advs. for respondents.
Respondents in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 05.12.2025 CRL.M.A. 36342/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 8710/2025 3.
The present petition has been filed under Section 528 of BNSS seeking quashing of FIR No.
98/2019 under Sections 308/323/325/341/354/354A/147/149/509/34 IPC registered at P.S.
Safdarjung Enclave and all other consequential proceedings emanating therefrom on the ground of settlement.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The petitioners, as well as, respondent nos.2 - 6, are present in Court and they have been identified by their respective counsels, as well as, by the Investigating Officer SI Ankita Singh PS Safdarjung Enclave. 5.
The case of the prosecution is that an altercation took place between the petitioners and respondent nos. 2 - 6 at AIIMS where the daughter of one of the respondents was admitted. This led to the registration of aforesaid FIR.
6.
During pendency of the proceedings the parties have arrived at a settlement, terms whereof were reduced in writing in the form of memorandum of understanding dated 09.06.2025, copy of which is annexed as Annexure-P-3 to the present petition.
7.
Ms. Nidhi Lakra, learned counsel for the petitioners submits that the petitioners will pay an amount of Rs. 3,50,000/- to the respondents to compensate them for the medical treatment and damages suffered by them on account of the actions of the petitioners. 8.
An affidavit of the petitioners has also been handed over in Court, and the same is taken on record. In the affidavit, it is mentioned that the amount has been paid to compensate the respondents for the injuries and damages suffered by them.
9.
On a query posed by the Court, respondents affirm the factum of settlement arrived with the petitioners and state that they have no objection in case the aforesaid FIR is quashed.
10.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
"58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
11.
In view of the aforementioned settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
12.
It is, thus, in the interest of justice that the present FIR and all other consequential proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 98/2019 under Sections 308/323/325/341/354/354A/147/149/509/34 IPC registered at P.S. Safdarjung Enclave alongwith all other proceedings emanating therefrom, is quashed.
14.
The petition alongwith pending application stands disposed of in the above terms.
15.
Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 5, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.