Allowed¶12

Amit Dwivedi v. the State Govt of NCT of Delhi

Delhi HC11 Nov 2025CRL.M.C./7920/2025

Case brief

AI extract

What is this about?

Delhi HC, CRL.M.C. 7920/2025, Vikas Mahajan J, 11.11.2025 - quashing of FIR No.539/2017 (IPC 323/341/354-B/34, PS Jafrabad) via Section 528 BNSS 2023 petition on settlement between neighbours Amit Dwivedi & Anr. and respondents; reliance on Gian Singh v. State of Punjab (2012) 10 SCC 303 para 58; cross FIR 538/2017; compromise deed 28.08.2025 (Annexure P-4); petition allowed and FIR with consequential proceedings quashed.

What did the court decide?

Quashing of FIR No.539/2017 under Sections 323/341/354-B/34 IPC 1860 registered at Police Station Jafrabad, Delhi, alongwith all other proceedings emanating therefrom; petition and pending application disposed of in the above terms. ¶12

Amit Dwivedi Vs the State Govt of NCT of Delhi — Delhi HC (2025) — LawSathi Research

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7920/2025 & CRL.M.A. 33157/2025

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AMIT DWIVEDI & ANR. .....Petitioner Through: Mr. Ishu Kanwal, Adv. with petitioners in person.

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versus

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THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Richa Dhawan, APP for State with IO SI Hemant Kumar PS Jafrabad and Main IO SI Radheyshyam PS M.S. Park. Respondent nos. 2 and 3 in person.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R % 11.11.2025

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The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.539/2017 under Sections 323/341/354-B/34 IPC 1860 registered at Police Station Jafrabad, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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The learned counsel appearing on behalf of the petitioners submits that the parties are neighbours and they have arrived at settlement.

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Issue notice. Ms. Richa Dhawan, learned APP for the State accepts notice.

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Petitioners, as well as, respondent nos. 2 & 3 are present in Court and

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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 17/11/2025 at 12:35:58

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they have been identified by learned counsel for petitioner, as well as by the Investigating Officer SI Hemant Kumar PS Jafrabad and main Investigating Officer SI Radheyshyam PS M.S. Park.

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The case of the prosecution in brief is that there was some dispute between petitioners and the respondents with regard to borrowed money which led to the registration of the aforementioned FIR at the instance of respondent no.3/complainant namely, Smt. Raj Kumari. A cross FIR No. 538/2017 was also registered against the respondents. 6. During pendency of the proceedings, the parties arrived at a settlement, terms whereof were reduced in writing in the form of compromise deed dated 28.08.2025, which is annexed as Annexure P-4 to the present petition. 7. It is a term of the settlement between the parties that both the parties shall file their separate quashing petition under Section 482 Cr.P.C. before this Court seeking quashing of two cross FIRs.

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Respondent nos.2 and 3, who are present in Court, on a query posed by the Court, affirm the factum of settlement and state that they have no objection in case the FIR is quashed. 9. At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58)

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“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and

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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 17/11/2025 at 12:35:58

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peace is restored; securing the ends of justice being the ultimate guiding factor.”

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In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.539/2017 under Sections 323/341/354-B/34 IPC 1860 registered at Police Station Jafrabad, Delhi alongwith all other proceedings emanating therefrom, are quashed. 13. The petition alongwith pending application stands disposed of in the above terms.

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Order be uploaded on the website of this Court.

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VIKAS MAHAJAN, J

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NOVEMBER 11, 2025 N.S. ASWAL

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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 17/11/2025 at 12:35:58

Amit Dwivedi v. the State Govt of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Amit Dwivedi v. the State Govt of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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What the court decided

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