Aas Mohmad & Ors v. State NCT of Delhi and Anr

O R D E R %

14.11.2024

¶1This is a petition filed under section 528 of BNSS, 2023 seeking quashing of FIR No. 0582/2017 under sections 323/354/354-B/509/201/34 of IPC registered at Police Station – Anand Vihar, Delhi and proceedings emanating therefrom.

¶2As per the FIR, it is stated that the petitioner No. 4 runs a boutique and there was an altercation between the petitioner No. 4, her employees and the complainant.

¶3During the pendency of the proceedings, the parties have arrived at a settlement dated 31.07.2024 wherein the respondent No. 2/complainant has settled the dispute and agreed to cooperate in quashing of the FIR.

¶4The petitioners are present in Court and are identified by their counsel Mr M.A. Mansoori. The respondent No. 2 is also present in Court and is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. identified by the Investigating Officer SI Ashok Rajbaniya, PS-Anand Vihar.

¶5The respondent No. 2/complainant states that she does not wish to prosecute the FIR any further and want to put a quietus to the entire matter.

¶6The petitioners also regret their action and undertake to never repeat the same in future.

¶7Both the parties state that they have entered into the aforesaid settlement out of their own free will, volition and without any threat, force, undue influence or coercion.

¶8Since the parties have arrived at a settlement and no disputes are pending, I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. In this view of the matter, there is no reason to continue the proceedings.

¶9However, I am of the view that considerable time of the police and judicial time has been wasted as the FIR is of the year 2017. The police machinery has been put in motion on account of the acts of commission & omission on behalf of the parties and useful time of the police which could have been utilised for important matters has been misdirected towards this case. Hence, the petitioner must pay some costs.

¶10For the said reasons, the aforesaid FIR No. 0582/2017 under sections 323/354/354-B/509/201/34 of IPC registered at Police Station – Anand Vihar, Delhi and the consequential proceedings emanating therefrom are hereby quashed, subject to payment of costs of Rs. 20,000/- by the petitioner No. 4 to the Delhi High Court Legal Services Committee within a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. period of four weeks from today.

¶11The proof of payment of cost shall be filed in the Registry within 4 weeks thereafter and in case the same is not furnished, the file be put up before the Court.

¶12The petition is disposed of accordingly.

JASMEET SINGH, J NOVEMBER 14, 2024 sr

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6496/2024 AAS MOHMAD & ORS. .....Petitioners Through: Mr M.A. Mansoori, Adv. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr Aashneet Singh, APP for State SI Ashok Rajbaniya, PS-Anand Vihar Mr Raees Ahmad, Adv. for complainant. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH