Pankaj Kumar Vs the Stae of N.C.T.of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2025)

Pankaj Kumar Vs the Stae of N.C.T.of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of case FIR No. 0579/2024 dated 11.11.2024 registered under sections 281/125(b) BNS at P.S.: Dayal Pur, Delhi, with all proceedings arising therefrom closed; petition and pending applications disposed-of.

Issue for consideration

Whether case FIR No. 0579/2024 dated 11.11.2024, registered under sections 281/125(b) of the Bharatiya Nyaya Sanhita, 2023 at P.S.: Dayal Pur, Delhi, and all proceedings emanating therefrom, should be quashed in view of the settlement between the petitioner and respondent No.2.

Court's answer

In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

Ratio / Principle

In line with the law laid down by the Supreme Court in Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed.

Key takeaways

Case FIR No. 0579/2024 dated 11.11.2024 registered under sections 281/125(b) BNS at P.S.: Dayal Pur, Delhi is quashed, and all proceedings arising therefrom stand closed.ratio¶21

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Anup Jairam Bhambhani), Order dated 21.01.2025 in W.P.(CRL) 24/2025 — Pankaj Kumar v. THE STAE OF N.C.T.OF DELHI & ANR. Petition under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 seeking quashing of case FIR No. 0579/2024 dated 11.11.2024 registered under sections 281/125(b) of the Bharatiya Nyaya Sanhita, 2023 at P.S.: Dayal Pur, Delhi ('subject FIR'). Pursuant to the Acting Chief Justice's practice directions dated 24.12.2024 on quashing of FIRs based on compromise, the Joint Registrar (Judicial) vide order dated 17.01.2025 verified the identities of the parties and recorded their statements confirming settlement of the subject matter of the FIR; respondent No.2 received a settlement amount of Rs. 02 lacs and consented to quashing. Following the law laid down in Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303 and Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, the Court held that continuance of the subject FIR after the settlement would be an exercise in futility and not conducive to peace and harmony between the parties; accordingly quashed the FIR, closed all proceedings arising therefrom, and disposed of the petition along with pending applications, if any.

$~55

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 24/2025 PANKAJ KUMAR .....Petitioner

Through: Mr. S. K. Bhardwaj, Advocate.

versus THE STAE OF N.C.T.OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R

% 21.01.2025

CRL.M.A. 217/2025

Exemption granted, subject to just exceptions.

The application stands disposed-of.

W.P.(CRL) 24/2025

By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks quashing of case FIR No. 0579/2024 dated 11.11.2024 registered under sections 281/125(b) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’) at P.S.: Dayal Pur, Delhi (‘subject FIR’).

In light of the practice directions dated 24.12.2024 issued by the Hon’ble Acting Chief Justice in relation to dealing with the petitions seeking quashing of FIR based on compromise, the learned Joint Registrar (Judicial) vide order dated 17.01.2025 has verified the identity of the parties and has also recorded the statements of the contesting parties confirming that they have settled the subject matter

W.P.(CRL) 24/2025 Page 1 of 2

This is a digitally signed order.

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 29/01/2025 at 12:32:21

of the FIR and respondent No.2 has received a settlement amount of Rs.02 lacs and consented to the subject FIR being quashed.

The statements of the contesting parties have also been recorded, and copy of which have been appended to the order.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

Accordingly, case FIR No. 0579/2024 dated 11.11.2024 registered under sections 281/125(b) BNS at P.S.: Dayal Pur, Delhi is quashed. All proceedings arising therefrom also stand closed.

The petition stands disposed-of.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

JANUARY 21, 2025 ds

W.P.(CRL) 24/2025 Page 2 of 2

This is a digitally signed order.

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 29/01/2025 at 12:32:21