Allowed

Jinnat Ali & Ors. v. State Govt. of NCT of Delhi and Anr.

Delhi HC5 May 2025CRL.M.C./917/2025

Case brief

AI extract

What is this about?

Petition to quash an FIR for offences under Sections 323/308/34 IPC arising from a water dispute, based on a settlement deed between the parties with complainant's consent. Relying on Gian Singh, the High Court quashed the FIR, chargesheet and all consequential proceedings.

What did the court decide?

FIR No. 300/2019 (Sections 323/308/34 IPC, PS Vasant Kunj South) and all consequential proceedings, including the chargesheet, quashed.

Jinnat Ali & Ors. Vs State Govt. of NCT of Delhi and Anr. — Quashing and FIR | Delhi HC (2025)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 917/2025

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JINNAT ALI & ORS. .....Petitioners

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Through: Mr. Rajiv Bhardwaj, Advocate along with petitioners in person.

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versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Pradeep Gahlot, APP for the State.

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SI Ravi Malik, P.S Vasant Kunj, SI Sandeep Yadav, P.S. Kapashera and SI Lal Chand, V.K. South. Mr. Diwakar Upadhyaya, Advocate for respondent nos. 2 to 5. Respondents no. 2, 4 and 5 in person. R-3 in person through VC.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 05.05.2025 1. This hearing has been done through hybrid mode.

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Amended memo of parties has been filed. The same is taken on record.

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The present petition under Section 528 of the BNSS has been filed seeking quashing of FIR No. 300/2019, under Sections 323/308/34 of the IPC, registered at P.S. Vasant Kunj, South, and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aparna Swami, learned ASJ, Patiala House Courts, Delhi.

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Learned counsel appearing on behalf of the petitioners submits that the present FIR was registered at the instance of respondent No. 2 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 09/05/2025 at 14:23:59

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a water dispute between the parties. It is submitted that as a result of the said dispute, a cross-FIR , i.e., FIR No. 301/2019, under Sections 323/308/34 of the IPC, was registered at P.S. Vasant Kunj, South, at the instance of petitioner No. 2 herein against the respondent Nos. 2 to 5.

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It is further submitted that during the pendency of the aforesaid proceedings, parties have entered into a compromise/settlement deed dated 11.11.2024, pursuant to which parties have no objection to quashing of the cross FIRs. The cross FIR , i.e, FIR No. 301/2019, under Sections 323/308/34 of the IPC, registered at PS Vasant Kunj, South, subject matter of CRL.M.C. 918/2025, has been disposed of by a separate order of the even date.

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Petitioners, complainant/respondent No. 2, respondent Nos. 4 and 5 are present before the Court and respondent No. 3 appears through video conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, SI Lal Chand, PS Vasant Kunj (South). 7. The matter was also placed before the learned Joint Registrar who has recorded the statements of both the parties and passed the following order on 19.03.2025: -

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“Today, statement of respondent nos. 2 to 5 & IO has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement.

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Respondent no. 2 lodged FIR No. 0300/2019, Under Section 323/308/34 IPC, registered at PS Vasant Kunj, South Delhi and charge-sheet has been filed against the petitioners. Presently, the case is going on at the stage of prosecution evidence.

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Respondent no. 2 states that he has voluntarily and without any pressure or coercion from anyone and with the intervention of friends and family members and after obtaining due legal advice settled all his issues and disputes with the petitioners and out of his free will have entered into compromise/MOU/Settlement executed on 13.11.2024 which is on record as Annexure P-2 at page no. 61 to 63 bearing his signatures. The settlement has arrived at without

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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 09/05/2025 at 14:23:59

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any monetary or any other consideration. Respondent no. 2 further states that she undertakes not to institute any other civil or criminal proceedings against the petitioners with regards to the incident for which the abovesaid FIR was registered.

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Respondent no. 2 has no objections whatsoever if the present FIR and all proceedings emanating there from against the petitioners are quashed. Respondent no. 2 has also given her affidavit in this regard which is at page 69-70 of the petition bearing her signatures.

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Separate statement of all other respondents/injured recorded to the effect that they are the victims in the present petition and they too have no objections whatsoever if the present FIR and all proceedings emanating there from against the petitioners are quashed.

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Separate statement of IO recorded to the effect that he has checked the previous involvement of the petitioners from NCRB/SCRB and they do not have any prior case registered against them.

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Respondents no. 2 to 5 have been identified by their counsel as well as by IO. CRL.M.C. 918/2025 titled as Anwar Hussain & Ors Versus State Govt. of NCT of Delhi is a cross case between the parties in which today itself statement of parties has been recorded giving their NOC for quashing of cross case. This pre verified report along with the petition may be placed before the Hon’ble Court on 28^th March, 2025 alongwith the statements recorded today.”

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Respondent Nos. 2 to 5 state that the matter has been settled with the petitioners and they have no objection if the FIR is quashed.

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In view of the settlement between the parties, learned APP for the State also has no objection if the present FIR is quashed. 10. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would

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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 09/05/2025 at 14:23:59

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tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 300/2019, under Sections 323/308/34 of the IPC, registered at P.S. Vasant Kunj, South Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aparna Swami, learned ASJ, Patiala House Courts, Delhi. 12. In the interest of justice, the petition is allowed, and the FIR No. 300/2019, under Sections 323/308/34 of the IPC, registered at P.S. Vasant Kunj, South Delhi and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Aparna Swami, learned ASJ, Patiala House Courts, Delhi, is hereby quashed.

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Petition is allowed and disposed of accordingly. 14. Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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MAY 5, 2025/bsr

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Click here to check corrigendum, if any

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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 09/05/2025 at 14:23:59

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This is a digitally signed order.

Jinnat Ali & Ors. v. State Govt. of NCT of Delhi and Anr.

Case brief

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Jinnat Ali & Ors. v. State Govt. of NCT of Delhi and Anr.

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