Dular Chand & ANR. v. State NCT Of Delhi And ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1241/2026 DULAR CHAND .....Petitioner Through:

Mr. Sanjeev Kumar, Advocate with petitioner in person versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Digam Singh Dagar, APP for State with SI Harish Kumar and SI Lal Chand, PS: S.B. Dairy Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.02.2026 CRL.M.A. 5023/2026 (Delay 20 days in re-filing) 1.

By virtue of the present application, the petitioner seek condonation of a delay of 20 days in re-filing of the present petition. 2.

Issue notice.

3.

Learned APP for the State accepts notice. He submits that he has no objection if the present application is allowed. 4.

For the reasons stated in the present application, as also considering the no objection given by the learned APP, the present application is allowed and the delay of 20 days in re-filing of the present petition is condoned.

5.

As such, the application is disposed of.

CRL.M.C. 1241/2026, CRL.M.A. 5022/2026 6.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioner seek quashing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of FIR No.108/2014 dated 02.02.2014 registered at PS.: Shahbad Dairy, Delhi under Sections 354B/323/451 of the of the Indian Penal Code, 1860 (IPC) and all other proceedings emanating therefrom in view of the Compromise Deed dated 09.10.2025 [Annexure P-3] arrived at between the petitioner and respondent no.2, which is supported by affidavits of the petitioner and of respondent no.2, alongwith the identity proof of the petitioner.

7.

Issue Notice. Learned APP for the State accepts notice. He records his objections to the quashing of the present FIR. 8.

Learned counsel for the respondent no.2 also accepts notice. Respondent no.2, present in Court, confirm the Compromise Deed dated 09.10.2025 and submits that she has voluntarily settled all her disputes with the petitioner. Respondent no.2 further states that she does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the FIR No.108/2014 dated 02.02.2014. 9.

Further, the petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

10.

The respondent no.2 herein has given her affidavit to the aforesaid effect and, thus she is no longer inclined to support the case of the prosecution on the basis of the Compromise Deed dated 09.10.2025 voluntarily entered into by her with the petitioner in the midst of pendency of the proceedings to bring to quietus the pending disputes inter se them. She further submits that the parties herein are senior citizens and do not wish to carry on any longer with the present FIR pending. As such, there is no reason for prolonging the trial and/ or continuing with the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating from the present FIR.

11.

Upon consideration of the existing facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR No.108/2014 has been registered under Sections 354B/323/451 of the IPC, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS, particularly whence in the opinion of this Court, the same is in the interest of justice and will also be in the interest of the parties and betterment of their future.

12.

Therefore, in view of the Settlement entered between the petitioner and the respondent no.2, they shall be bound by the terms therein, as also in order to bring a quietus to the present disputes between the parties and following the law laid down by the Hon'ble Supreme Court in Gian Singh vs. State of Punjab & Anr.; (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr.; (2014) 6 SCC 466 as also held by a Coordinate Bench of this Court in Shyam Kishore Singh vs. Govt. NCT of Delhi; 2023 SCC OnLine Del 4072, this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility. 13.

Accordingly, the present petition is allowed and FIR No.108/2014 dated 02.02.2014 registered at PS.: Shahbad Dairy, Delhi under Sections 354B/323/451 of the IPC and all other proceedings emanating therefrom are hereby quashed.

14.

The present petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J FEBRUARY 13, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.