Allowed¶29

Rizwan Alias Mohd. Rizvan Khan v. the State Govt NCT of Delhi & Ors.

Delhi HC1 Dec 2025CRL.M.C./8514/2025

Case brief

AI extract

What is this about?

CRL.M.C. 8514/2025, Delhi High Court, Vikas Mahajan J, order dated 01.12.2025 — FIR quashed on settlement; S.482 Cr.P.C./S.528 BNSS petition; FIR No. 104/2017 under S.324 IPC, P.S. Gandhi Nagar; cross-FIR No. 105/2017 under Ss.323/341/34 IPC; MOU dated 29.08.2025; compounding of offences; chargesheet filed; cost of Rs.3,000/- each on petitioner and respondents 2 and 3 payable to Delhi High Court Staff Welfare Fund.

What did the court decide?

Quashing of FIR No. 104/2017 under Section 324 IPC registered at P.S. Gandhi Nagar and all consequential proceedings emanating therefrom, subject to the petitioner and respondent nos. 2 and 3 each depositing Rs.3,000/- in the Delhi High Court Staff Welfare Fund. ¶29

Rizwan Alias Mohd. Rizvan Khan Vs the State Govt NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether FIR No. 104/2017 under Section 324 IPC registered at P.S. Gandhi Nagar and all consequential proceedings emanating therefrom should be quashed on the ground that the parties have arrived at a settlement.

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Court's answer

The petition is allowed and FIR No. 104/2017 under Section 324 IPC registered at P.S. Gandhi Nagar, along with all other proceedings emanating therefrom, is quashed, subject to the parties depositing cost of Rs.3,000/- each in the Delhi High Court Staff Welfare Fund.

¶29

Ratio / Principle

Cost of Rs.3,000/- each is imposed on the petitioner and respondent nos. 2 and 3 because the State machinery was put into motion, considerable time and resources of the investigating agency were spent in the investigation, and judicial time was wasted.

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Detailed headnote1 paragraphs

Quashing of FIR on settlement — Petition under S.482 Cr.P.C./S.528 BNSS by Rizwan alias Mohd. Rizvan Khan sought quashing of FIR No. 104/2017, S.324 IPC, P.S. Gandhi Nagar, and all consequential proceedings, on the basis of a settlement between the parties recorded in a Memorandum of Understanding dated 29.08.2025 (Annexure-B). The dispute arose from a scuffle in which both sides suffered injuries, leading to cross-FIRs, including FIR No. 105/2017 under Sections 323/341/34 IPC, whose offences are compoundable; under the settlement the respondents were to cooperate in quashing the present FIR and the petitioner was to cooperate in compounding the other FIR. Respondent nos. 2 and 3 appeared in Court, affirmed the settlement and raised no objection to quashing. Although the learned APP for the State pointed out that the chargesheet had been filed and prayed for costs, the Court allowed the petition and quashed FIR No. 104/2017 and all proceedings emanating therefrom, subject to the petitioner and respondent nos. 2 and 3 each depositing Rs.3,000/- in the Delhi High Court Staff Welfare Fund, considering the time and resources spent by the investigating agency and the judicial time wasted. (Vikas Mahajan, J.; December 1, 2025)

¶1

$~89

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8514/2025

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RIZWAN ALIAS MOHD. RIZVAN KHAN .....Petitioner Through: Mr. Rubal Sharma and Mr. Vineet, Advocates with petitioner in person.

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versus

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THE STATE GOVT NCT OF DELHI & ORS. .....Respondents Through: Mr. Ajay Vikram Singh, learned APP for State with IO/SI Nishant Sharma and SI H.R. Chaudhary, PS-Gandhi Nagar. Mr. Deepak Kalra, Advocate for R2 and R3.

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CORAM:

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HON'BLE MR. JUSTICE VIKAS MAHAJAN

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CRL.M.A. 35575/2025

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Allowed, subject to all just exceptions.

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Application stands disposed of.

¶12

CRL.M.C. 8514/2025

¶13

The present petition has been filed by petitioner under Section 482 Cr.P.C./528 of BNSS seeking quashing of FIR No. 104/2017 under Section 324 IPC registered at P.S. Gandhi Nagar and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

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Issue notice.

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Mr. Ajay Vikram Singh, learned APP for the State accepts notice.

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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 04/12/2025 at 11:20:40

¶18

The petitioner and respondent no.2 and 3 are present in Court and they have been identified by Mr. Rubal Sharma, learned counsel for petitioner and Mr. Deepak Kalra, learned counsel for respondent nos. 2 and 3, as well as, by investigating officer IO/SI Nishant Sharma, PS-Gandhi Nagar.

¶19

The case set out in the present petition is that in a scuffle between petitioner and respondent nos. 2 and 3 both of sides suffered injuries, which led to the registration of cross-FIR including the present FIR.

¶20

It is stated that the other case is FIR no. 105/2017 under Sections 323/341/34 IPC registered at PS-Gandhi Nagar.

¶21

Mr. Rubal Sharma, learned counsel appearing on behalf of petitioner submits that in the second FIR all the offences invoked are compoundable. 10. He contends that during the pendency of the proceedings, parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding dated 29.08.2025, copy of which is annexed as Annexure-B to the present petition.

¶22

He submits that it is a term of the settlement that respondent nos. 2 and 3 shall cooperate with petitioner for quashing of present FIR and thereafter, petitioner will cooperate with respondent nos. 2 and 3 for compounding of offences in FIR no. 105/2017.

¶23

On being queried, respondent nos. 2 and 3 affirm the factum of settlement, and state that they have no objection, in case the present FIR is quashed.

¶24

At this stage, learned APP appearing on behalf of State submits that present FIR is of the year 2017 and chargesheet has been filed. He contends that since lot of time and effort has been spent by the investigating agency,

¶25

This is a digitally signed order.

¶26

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 04/12/2025 at 11:20:40

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the parties may be saddled with some cost.

¶28

Considering that the State machinery has been put into motion and considerable time and resources of the investigating agency have been spent in the investigation of the matter and further the judicial time has also been wasted, it is deemed appropriate to impose cost of Rs.3,000/- each on the petitioner and respondent nos. 2 and 3.

¶29

Consequently, the petition is allowed and the FIR No. 104/2017 under Section 324 IPC registered at P.S. Gandhi Nagar along with all other proceedings emanating therefrom, is quashed, subject to parties depositing cost of Rs.3,000/- each in “Delhi High Court Staff Welfare Fund”.

¶30

The petition stands disposed of in the above terms.

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VIKAS MAHAJAN, J

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DECEMBER 1, 2025/ jg

¶33

This is a digitally signed order.

¶34

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 04/12/2025 at 11:20:40

Rizwan Alias Mohd. Rizvan Khan v. the State Govt NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Rizwan Alias Mohd. Rizvan Khan v. the State Govt NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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