Mohd Shokeen v. State of NCT Delhi

Delhi HC6 May 2025CRL.REV.P./996/2024

Case brief

AI extract

What is this about?

Mohd Shokeen v. State of NCT Delhi; CRL.REV.P. 996/2024 & CRL.M.A. 32649/2024; High Court of Delhi; Dr. Swarana Kanta Sharma; FIR no. 20/2016, PS Okhla Industrial Area; Sections 325/452 IPC; judgment dated 24.07.2024 (Additional Sessions Judge, Saket Courts); order on sentence dated 04.07.2023 (Metropolitan Magistrate, Saket Courts); voluntary compromise; amicable settlement; compensation amount received; judgment and sentence set aside; petition disposed of on 06.05.2025.

What did the court decide?

Setting aside of the judgment dated 24.07.2024 (Additional Sessions Judge, Saket Courts, New Delhi) and the order on sentence dated 04.07.2023 (Metropolitan Magistrate, Saket Courts, Delhi); petition disposed of accordingly. ¶¶19

Mohd Shokeen Vs State of NCT Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment dated 24.07.2024 passed by the Additional Sessions Judge, Saket Courts, and the order on sentence dated 04.07.2023 passed by the Metropolitan Magistrate, Saket Courts, in the case arising out of FIR no. 20/2016 (Sections 325/452 IPC) should be set aside in view of the amicable settlement between the parties.

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Court's answer

Since the parties have amicably resolved their differences of their own free will, without any coercion, no useful purpose would be served by continuing the proceedings, which would instead create further acrimony between them.

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Ratio / Principle

The judgment dated 24.07.2024 passed by the learned Additional Sessions Judge, Saket Courts, New Delhi, and the order on sentence dated 04.07.2023 passed by the learned Metropolitan Magistrate, Saket Courts, Delhi, are set aside.

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Detailed headnote1 paragraphs

Criminal revision (settlement/compromise) — Mohd Shokeen v. State of NCT Delhi, CRL.REV.P. 996/2024, decided 06.05.2025 by Dr. Swarana Kanta Sharma, J (High Court of Delhi). The petitioner sought setting aside of the judgment dated 24.07.2024 of the Additional Sessions Judge, Saket Courts, and the order on sentence dated 04.07.2023 of the Metropolitan Magistrate, Saket Courts, in the case arising out of FIR no. 20/2016, Police Station Okhla Industrial Area, for offences under Sections 325/452 IPC. On a query from the Court, respondent no.2, identified by the IO, stated that he had entered into a compromise of his own free will and without pressure, coercion or threat; that the dispute stood amicably settled; that he had received the compensation amount; and that he had no objection to the judgment being set aside. Holding that the parties had amicably resolved their differences without coercion and that continuance of proceedings would serve no useful purpose and create further acrimony, the Court set aside the judgment and the order on sentence and disposed of the petition.

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 996/2024 & CRL.M.A. 32649/2024

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MOHD SHOKEEN .....Petitioner

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Through: Mr. Rajesh Pandey, Advocate

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versus

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STATE OF NCT DELHI .....Respondent Through: Mr. Manoj Pant, APP for the State.

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CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

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O R D E R

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% 06.05.2025

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By way of the present petition, the petitioner is seeking setting aside of the judgment dated 24.07.2024, passed by the learned Additional Sessions Judge, Saket Courts, New Delhi in case arising out of FIR bearing no. 20/2016, registered at Police Station Okhla Industrial Area, Delhi for the commission of offences punishable under Sections 325/452 of the Indian Penal Code, 1860 (hereafter ‘IPC' ) and order on sentence dated 04.07.2023, passed by the learned Metropolitan Magistrate, Saket Courts, Delhi.

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Issue notice. The learned APP accepts notice on behalf of the State.

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On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that he

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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 14:24:27

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has received the compensation amount and has no objection if the judgment dated 24.07.2024 is set aside.

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In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them.

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Considering the same, the judgment dated 24.07.2024, passed by the learned Additional Sessions Judge, Saket Courts, New Delhi in case arising out of FIR bearing no. 20/2016, registered at Police Station Okhla Industrial Area, Delhi for the offences punishable under Sections325/452 of the Indian Penal Code, 1860 (hereafter ‘IPC' ) and order on sentence dated 04.07.2023, passed by the learned Metropolitan Magistrate, Saket Courts, Delhi are set aside.

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Accordingly, the present petition stands disposed of.

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The order be uploaded on the website forthwith.

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DR. SWARANA KANTA SHARMA, J

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MAY 6, 2025/zp

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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 14:24:27

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This is a digitally signed order.

Mohd Shokeen v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Mohd Shokeen v. State of NCT Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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