Brij Ballabh Gaur and Anr. Vs the State of NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

Brij Ballabh Gaur and Anr. Vs the State of NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; FIR No.248/2020 registered at P.S. Jagatpuri under Sections 324/506/34 IPC and all proceedings emanating therefrom quashed qua the petitioners, subject to compliance with the undertaking to organize a Bhandara for at least 50 poor children during the Navratra and Diwali periods and filing of an affidavit report with photographs; parties to abide by terms of settlement; pending applications disposed of as infructuous.

Issue for consideration

Whether FIR No.248/2020 registered at P.S. Jagatpuri under Sections 324/506/34 IPC ought to be quashed on the basis of the settlement between the parties and the complainant's no-objection.

Court's answer

Considering the settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer; accordingly the petition is allowed and FIR No.248/2020 and proceedings emanating therefrom are quashed qua the petitioners.

Ratio / Principle

The FIR stands quashed subject to compliance with the petitioners' undertaking to organize the Bhandara for poor children, with an affidavit report and photographs to be filed on record and a copy given to the IO.

Detailed headnote1 paragraphs

Quashing of FIR – Settlement between parties – FIR No.248/2020, P.S. Jagatpuri, under Sections 324/506/34 IPC – Petitioners and complainant (respondent no.2), erstwhile neighbours, arrived at settlement in July 2025; complainant appeared in Court, was identified, and stated no objection to quashing against both petitioners as original issues stood resolved – Petitioners undertook to organize a Bhandara for at least 50 poor children of the area in Shiv Mandir, Radheypuri, during the coming Navratra period and the Diwali period, with affidavit report and photographs to be filed and copy supplied to the IO – Chances of conviction remote and bleak; continuance of proceedings would be misuse of the process of the Court and unnecessary burden on the State exchequer – FIR and proceedings emanating therefrom quashed qua petitioners, subject to compliance with the undertaking – Petition allowed and disposed of; pending applications disposed of as infructuous.

$~12

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 6500/2025

BRIJ BALLABH GAUR AND ANR .....Petitioners

Through: Mr. Atul Sharma, Adv.

versus

THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Manoj Pant, APP for the State along with SI Animesh Anand along with original IO ASI Shiv Kumar Solanki, PS Jagatpuri.

CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R % 19.09.2025

This petition has been filed seeking quashing of FIR No.248/2020 registered at P.S Jagatpuri under Sections 324/506/34 of the Indian Penal Code 1860 (‘ IPC ’), on the basis of a settlement executed in July 2025, which has been executed on behalf of petitioner no.1 and respondent no.2. Petitioner no.2 is the wife of petitioner no.1.

Petitioner nos.1 & 2 and respondent no.2/ complainant are present in Court and have been duly identified by their respective counsels and the I.O.

Respondent no.2, who is also accompanied by her husband, states in Court that she has no objection to the quashing of the said FIR against both the petitioners, considering that they were neighbours and the original issues have now been resolved.

Petitioner nos.1 & 2 undertake to organize a Bhandara for poor

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 22/09/2025 at 11:59:52

children of the area in Shiv Mandir at Radheypuri on two occasions, one during the coming Navratra period ; and one during the Diwali period for at least 50 children.

The report of the same, by way of an affidavit, shall be filed with photographs on the record of the Court and a copy of the same shall also be given to the IO.

Subject to this undertaking being complied with, the said FIR stands quashed.

Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.248/2020 registered at P.S. Jagatpuri under Sections 324/506/34 IPC and proceedings emanating therefrom, are quashed, qua the petitioners.

Parties shall abide by the terms of settlement.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

SEPTEMBER 19, 2025/MK/ tk

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 22/09/2025 at 11:59:52