Sh. Parul Choudhary & Anr. Vs State of NCT of Delhi & Anr.

¶1

$~29

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 1914/2025

¶4

SH. PARUL CHOUDHARY & ANR. .....Petitioners

¶5

Through: Mr. Aashish K. Singh, Adv. (through VC) along with petitioners in person (through VC).

¶6

versus

¶7

STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Pradeep Gahalot, APP for the State. IO, ASI Hemant Kumar and SI Komal, PS Jagatpuri. Ms. Pooja Singh, Adv. For R-2 along with R-2 in person (through VC)

¶8

CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

¶9

This hearing has been done through hybrid mode.

¶10

CRL.M.A. 8608/2025

¶11

Exemption allowed, subject to all just exceptions. Application is disposed of.

¶12

CRL.M.C. 1914/2025

¶13

The present petition filed under Section 528 of the BNSS seeks quashing of the FIR No. 135/2025, under Sections 307/115(2)/126(2)/351(2)/3(5) of the BNS, registered at P.S. Jagatpuri.

¶14

Learned counsel for the petitioners submits that the present petitioners have since compromised their disputes with respondent No. 2 vide settlement

¶15

This is a digitally signed order.

¶16

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 17/05/2025 at 13:08:56

¶17

deed dated 17.03.2025. It is further submitted that the incident was related to a minor financial dispute which resulted in the registration of the FIR.

¶18

Copy of the Memorandum of Understanding (‘MOU’) dated 17.03.2025, has been placed on record (Annexure- P-2), which records the settlement between the parties and their agreement to cooperate with each other in quashing the present FIR. 6. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 22.04.2025: -

¶19

“Today, statement of respondent no. 2 has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement.

¶20

Respondent no. 2 lodged FIR bearing no. 135/2025, Under Section 307/115(2)/126(2)/351(2)/3(5) of Bharatiya Nyaya Sanhita BNS, 2023 (Under Section 382/323/341/506/34 IPC) registered at PS Jagatpuri, Delhi against the petitioners. The case is still under investigation and the charge sheet has not been filed till date.

¶21

Respondent no. 2 states that he voluntarily and without any pressure or coercion from anyone and with the intervention of friends and well wishers settled all his issues and disputes with all the petitioners; and out of his free will have entered into compromise/MOU/Settlement dated 17.03.2025 which is on record as Annexure P-2 at page no. 20-22 bearing his signatures. Respondent no. 2 has voluntarily and amicably resolved all my issues and disputes with the petitioner without any monetary or any other consideration.

¶22

Respondent no. 2 undertakes to cooperate in the quashing of the abovesaid FIR. Respondent no. 2 shall fully cooperate in quashing of the abovesaid FIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the present FIR. His affidavit of no objection for quashing of the abovesaid FIR against the petitioners is on record at page no. 12 bearing his signatures.

¶23

The incident occurred on account of miscommunication and misunderstanding relating to some monetary issue which now stands fully resolved. Respondent no. 2 has entirely repaid all the

¶24

This is a digitally signed order.

¶25

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 17/05/2025 at 13:08:56

¶26

loan amount availed from the petitioners and they have returned all the blank signed cheque obtained from me belonging to Respondent no. 2 and her wife respectively. (Two cheques each)

¶27

Respondent no. 2 has been identified by his counsel & IO.”

¶28

Petitioners and respondent no. 2 appeared through video conferencing in person before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, ASI Hemant Kumar, PS Jagatpuri.

¶29

Complainant/respondent No.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioners. He further states that all the terms of the Memorandum of Understanding dated 17.03.2025, have been complied with.

¶30

Learned APP for the State submits that investigation in the present FIR has been pending and the chargesheet is yet to be filed however, in view of the settlement between the parties, he has no objection, if the present FIR is quashed.

¶31

In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

¶32

“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

¶33

In view of the aforesaid circumstances, and that fact that the parties

¶34

This is a digitally signed order.

¶35

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 17/05/2025 at 13:08:56

¶36

have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 135/2025, under Sections 307/115(2)/126(2)/351(2)/3(5) of the BNS, registered at P.S. Jagatpuri. 12. In the interest of justice, the petition is allowed, and the FIR No. 135/2025, under Sections 307/115(2)/126(2)/351(2)/3(5) of the BNS, registered at P.S. Jagatpuri, is hereby quashed.

¶37