Quashed¶12

Alam Khan v. State of NCT of Delhi and Anothers

Delhi HC11 Feb 2025W.P.(CRL)/302/2025

Case brief

AI extract

What is this about?

Delhi High Court (Chandra Dhari Singh, J., 11.02.2025) in W.P.(CRL) 302/2025 quashes FIR No.282/2024 of PS Shaheen Bagh under Sections 115(2) and 126(2) BNS on basis of settlement deed dated 09.01.2025; respondent/complainant confirmed voluntary compromise; petition under Article 226 read with Section 528 BNSS (formerly Section 482 CrPC) for quashing FIR in non-compoundable-type offences; relies on Ramgopal v. State of Madhya Pradesh, 2021 INSC 568; FIR and consequential proceedings quashed, petition disposed.

What did the court decide?

FIR No.282/2024 (PS Shaheen Bagh) under Sections 115(2) and 126(2) BNS and consequent proceedings quashed on the basis of the settlement; the petition along with pending application(s), if any, stands disposed of. ¶12

Alam Khan Vs State of NCT of Delhi and Anothers — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.282/2024 registered at Police Station – Shaheen Bagh for offences punishable under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 ought to be quashed on the basis of the settlement arrived at between the parties.

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Ratio / Principle

In view of the fact that the parties have settled the matter, the undertaking given by the petitioner, and the law laid down by the Hon'ble Supreme Court (as in Ramgopal, 2021 INSC 568), no useful purpose would be served by keeping the matter pending.

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Key takeaways

FIR bearing No.282/2024 registered at Police Station – Shaheen Bagh, Delhi for offences punishable under Sections 115(2) and 126(2) of the BNS, and all consequent proceedings emanating therefrom, are quashed.ratio¶11

Detailed headnote1 paragraphs

Constitution of India, Article 226 read with Section 528 BNSS (formerly Section 482 Cr.P.C.) — Quashing of FIR on settlement — FIR No.282/2024, Police Station Shaheen Bagh, Delhi, for offences under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 — Parties entered into settlement on 09.01.2025 vide Settlement Deed (Annexure P-2); respondent no.2 categorically affirmed before the Court that the compromise was entered into of his own free will, without any pressure, and that he did not wish to pursue the FIR — Reliance placed on Ramgopal and Ors. v. The State of Madhya Pradesh, 2021 INSC 568 (power under Section 482 Cr.P.C. invokable even in non-compoundable offences where the offence does not impact the conscience of society and the compromise is voluntary and amicable) — Held, no useful purpose would be served by keeping the matter pending; FIR and consequent proceedings quashed; petition along with pending application(s) disposed of.

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$~35

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P. (CRL) 302/2025

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ALAM KHAN .....Petitioner

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Through: Mr. Shankar Parashar, Advocate with petition in person (Through VC).

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR ......Respondent Through: Mr. Sanjay Lao, Standing Counsel with SI Akshay Dagar, PS Shaheen Bagh. Respondent No.2 (Through VC)

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CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

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O R D E R % 11.02.2025

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The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [(earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”)] has been filed on behalf of the petitioner praying for quashing of FIR bearing No.282/2024 registered at Police Station – Shaheen Bagh for offences punishable under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”).

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The Joint Registrar (Judicial) vide order dated 29^th January, 2025 has verified the facts and details of the instant matter.

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Learned counsel for the petitioner submitted that on account of

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This is a digitally signed order.

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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 20/02/2025 at 12:16:38

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certain misunderstanding between the petitioner and the respondent no.2, a complaint was lodged against the petitioner by the respondent no.2, which resulted in filing of the instant FIR dated 1^st December, 2024.

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It is submitted that with the intervention of family members and relatives, both the parties entered into settlement on 9^th January, 2025 vide Settlement Deed. The terms and conditions of the said settlement are mentioned in the settlement deed which is annexed as Annexure P-2 to the instant petition.

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Therefore, it is prayed that the instant FIR may be quashed on the basis of the above said settlement and in accordance with the settled position of law as posited by the Hon’ble Supreme Court. At this juncture, the petitioner appearing in-person through video conferencing also undertakes to not repeat the same conduct in the future.

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Mr. Sanjay Lao, learned Standing Counsel for the State submitted that he has no objection to the instant petition being allowed and the FIR in question being quashed in view of the settlement arrived at between the parties.

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Heard learned counsel for the parties and perused the material placed on record.

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The petitioner was identified by his counsel and the Investigating Officer before the Registrar. The respondent nos.2 is present through video conferencing and has been identified by the Investigating Officer.

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On the query made by this Court, the respondent nos.2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by respondent nos.2 that the entire dispute has been amicably settled between the parties and he does not

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This is a digitally signed order.

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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 20/02/2025 at 12:16:38

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want to pursue the aforesaid FIR any further. The parties also undertook that they shall abide by the terms and conditions of the settlement arrived at between the parties.

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In the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh , 2021 INSC 568 , that the extraordinary power enjoined upon the High Courts under Section 482 of Cr.P.C. can be invoked even when such a case falls within the ambit of non-compoundable offences given that the Court must be satisfied that the nature of the offence does not impact the conscience of the society and that the compromise between the parties is voluntary and amicable.

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Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioner and the law laid down by the Hon’ble Supreme Court, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No.282/2024 registered at Police Station – Shaheen Bagh, Delhi for offences punishable under Sections 115(2) and 126(2) of the BNS and consequent proceedings emanating therefrom are quashed.

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The petition along with pending application(s), if any, stands disposed of.

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CHANDRA DHARI SINGH, J

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FEBRUARY 11, 2025 NA/anr

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 20/02/2025 at 12:16:38

Alam Khan v. State of NCT of Delhi and Anothers

Case brief

What is this about?

What did the court decide?

Alam Khan v. State of NCT of Delhi and Anothers

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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