Md. Kazim Khan (Senior Citizen) Vs the State (Govt. of NCT of Delhi) — Delhi HC (2025) — LawSathi Research

Md. Kazim Khan (Senior Citizen) Vs the State (Govt. of NCT of Delhi) — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition under Section 528 BNSS allowed; CT Case No. 07/2024, titled 'Md. Kazim Khan Versus Sahil Khan & Ors.', filed under Section 156(3) CrPC and pending before the Court of Additional Sessions Judge, South District, Saket Court, New Delhi, quashed. Companion application CRL.M.A. 15126/2025 (Exemption) disposed of with exemption granted subject to all just exceptions.

Issue for consideration

Whether the petition under Section 528 BNSS (erstwhile Section 482 CrPC) seeking quashing of CT Cases No. 07/2024, arising from a Section 156(3) CrPC application, should be allowed in view of the settlement between the complainant and the proposed accused, cognizance not yet having been taken. +1 more

Court's answer

In light of the settlement between the parties and since cognizance has still not been taken, the Court finds no reason to call for the presence of the proposed accused.

Ratio / Principle

Since the complainant does not wish to continue with the pending complaint, the present petition is allowed and CT Case No. 07/2024, titled Md. Kazim Khan Versus Sahil Khan & Ors., filed under Section 156(3) of the CrPC and pending before the Court of Additional Sessions Judge, South District, Saket Court, New Delhi, is quashed.

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J; order dated 16.05.2025) allowed CRL.M.C. 3429/2025, a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (erstwhile Section 482 CrPC) filed by Md. Kazim Khan (senior citizen) seeking quashing of CT Cases No. 07/2024, titled 'Md. Kazim Khan versus Sahil Khan & Ors', a Section 156(3) CrPC matter pending before the Additional Sessions Judge, South District, Saket Courts. During pendency, the petitioner-complainant and the proposed accused, Sh. Sahil Ahmed, executed a Memorandum of Understanding/Settlement dated 28.02.2024, under which the petitioner agreed to withdraw the 156(3) application and his complaint (DD No. 53A dated 22.12.2023, P.S. Sangam Vihar), and the proposed accused agreed to withdraw his cross complaints (DD No. 55A dated 22.12.2023 and DD No. 43A dated 31.12.2023, P.S. Sangam Vihar); counsel confirmed the cross complaints stood withdrawn. Holding that a settlement existed between the parties and cognizance had still not been taken, the Court found no reason to call for the proposed accused and, as the complainant did not wish to continue with the pending complaint, quashed CT Case No. 07/2024. The accompanying exemption application CRL.M.A. 15126/2025 was disposed of with exemption granted subject to all just exceptions.

$~44

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 3429/2025

MD. KAZIM KHAN (SENIOR CITIZEN) .....Petitioner Through: Mr. M. Hasibuddin, Advocate

versus

THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Mukesh Kumar, APP for the State with Ms. Shilpa Goel, Advocate along with SI Raghuraj Singh, PS Sangam Vihar

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 16.05.2025

CRL.M.A. 15126/2025 ( Exemption )

Exemption is granted, subject to all just exceptions.

The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

Accordingly, the application stands disposed of.

CRL.M.C. 3429/2025

The present petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023¹ (erstwhile Section 482 of Criminal Procedure Code, 1973² , for quashing of CT. Cases No. 07/2024, titled Md. Kazim Khan versus Sahil Khan & Ors filed by the Petitioner, under Section 156(3) of CrPC, pending before the Court of Additional Sessions Judge, South District, Saket Court, New Delhi.

During pendency of the said proceedings, the Petitioner, who is also

1 “BNSS”

2 “CrPC”

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 19/05/2025 at 12:22:05

the Complainant in the present matter, arrived at a settlement with the proposed accused Sh. Sahil Ahmed, and both of them have executed a Memorandum of Understanding/Settlement dated 28^th February, 2024. In terms thereof, the Petitioner has agreed to withdraw the 156(3) Application in CT. Cases No. 7/2024 as well as the complaint application made before P.S. Sangam Vihar recorded as DD No. 53A dated 22^nd December 2023, and whereas the proposed accused Sh. Sahil Ahmed has agreed to withdraw both his complaints made before P.S. Sangam Vihar, one recorded as DD No. 55A dated 22^nd December, 2023 while the other recorded as DD No. 43A dated 31^st December, 2023.

In view of the above settlement, the Complainant now seeks to withdraw his pending application under Section 156(3) of CrPC, which was filed only in continuation of the complaint recorded as DD No. 55-A. Counsel for the Petitioner further apprises the Court that the cross complaints filed by the proposed accused i.e., Sh. Sahil Ahmed, have also since been withdrawn.

In light of foregoing, since there is a settlement between the parties and cognizance has still not been taken, the Court finds no reason to call for the presence of the proposed accused.

Since the Complainant does not wish to continue with the pending complaint, the present petition is allowed and CT. Case No. 07/2024, titled as Md. Kazim Khan Versus Sahil Khan & Ors. filed under Section 156(3) of the CrPC, pending before the Court of Additional Sessions Judge, South District, Saket Court, New Delhi is quashed.

SANJEEV NARULA, J

MAY 16, 2025/ab

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 19/05/2025 at 12:22:05