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High Court of DelhiW.P.(CRL)/4044/2025

Kapil v. State Of NCT Of Delhi & ANR.

2025-12-05Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4044/2025 KAPIL .....Petitioner Through:

Mr. Naveen Kumar, Advocate with Petitioners.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) for the State.

Counsel for R2 (appearance not given) with R2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 05.12.2025 CRL.M.A. 36340/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

W.P.(CRL) 4044/2025 3.

Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.PC'), has been filed on behalf of the Petitioner, Kapil for quashing of FIR No. 0265/2019 dated 14.08.2019 under Section 420/468/471/120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') registered at Police Station Amar Colony, Delhi and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 03.08.2025.

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

4.

Issue Notice.

5.

On advance Notice, learned APP has appeared and accepted the Notice on behalf of the State.

6.

It is submitted that the Petitioner and the Respondent No. 2 are family members. The said FIR was lodged on allegations that the Respondent No. 2, namely, Mahipal has suspicion on the Petitioner with the purpose to commit any offence and to falsey implicate the wife of the Respondent No. 2, has taken SIM No. 9582007730, on the basis of forged documents in the name of Smt. Gyanwati, who is the wife of the Respondent No. 2. There were nine FIRs involved out of which, four FIRs have already been settled. 7.

On the Complaint of the Respondent No.2/Complainant, FIR No. 0265/2019 dated 14.08.2019 under Section 420/468/471/120B of IPC, got registered at Police Station Amar Colony, Delhi. 8.

It is submitted that the FIR was a consequence of the family disputes between the Complainant and the Petitioner. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 03.08.2025. In the Settlement, it was inter alia settled between the parties that there is a common baithak/piece of land pertains to all the parties and the partition will be executed amciably by all the members of the families. It is also settled between the parties that they shall not institute any Criminal litigation inter se of any kind in any forum hereinafter, against each other.

9.

Today, the Respondent No. 2/Complainant, who is present in the Court, states that he has no objection if the FIR is quashed. 10.

The parties are present before this Court in-person today, and have The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement. 11.

Considering the nature of the allegations and that they have settled the matter, the FIR No. 0265/2019 dated 14.08.2019 under Section 420/468/471/120B of IPC registered at Police Station Amar Colony, Delhi and all the consequential proceedings emanating therefrom are quashed. 12.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J DECEMBER 5, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.