Satender Kumar and Ors v. State of NCT of Delhi and Ors

O R D E R %

19.11.2025

CRL.M.A. 34295/2025

¶1Allowed, subject to all just exceptions.

¶2Application stands disposed of. CRL.M.C. 8215/2025

¶3The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.685/2024 under Section 76/ 115(2)/ 126(2)/ 333/3(5) of BNS, 2023 registered at Police Station Alipur and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

¶4Issue notice. Ms. Richa Dhawan, learned APP for the State accepts notice.

¶5The petitioners as well as respondent nos. 3 and 5 are present in Court. They have been identified by learned counsel for petitioners as well The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. as by the Investigating Officer, ASI Sunita, PS-Alipur.

¶6The case of the prosecution as articulated in the present petition is that the parties were celebrating Diwali, and on account of burning of crackers by the children, dispute arose, which led to the registration of present FIR at the instance of respondent no.3 (complainant). The dispute also led to the registration of cross FIR No.684/2024 under Section 76/ 115(2)/ 126(2)/ 333/3(5) of BNS, 2023 registered at Police Station Alipur at the instance of Raksha Devi.

¶7During pendency of the proceedings, the parties have resolved all their disputes amicably without any coercion or pressure and arrived at a settlement, the terms whereof have been reduced in writing in the Memorandum of Settlement dated 10.11.2024, which is annexed at Annexure-P-3.

¶1On being queried by the Court, respondent no.3/complainant states that he has settled the matter with the petitioners and does not wish to prosecute the criminal proceedings any further. Therefore, he has no objection, in case the FIR in question is quashed.

¶2In view of the fact that petitioners as well as respondent nos. 3 to 5 have amicably settled their disputes and regard being had to the statement made by complainant, this Court is of the view that no useful purpose will be served in continuation of criminal proceedings and it will be an exercise in futility.

¶3At 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) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. "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 peace is restored; securing the ends of justice being the ultimate guiding factor."

¶4It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

¶5Consequently, the petition is allowed and the FIR No.685/2024 under Section 76/ 115(2)/ 126(2)/ 333/3(5) of BNS, 2023 registered at Police Station Alipur alongwith all other proceedings emanating therefrom, is quashed.

¶6The petition along with pending application stands disposed of in the above terms.

¶7Order be uploaded on the website of this Court.

VIKAS MAHAJAN, J NOVEMBER 19, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8215/2025 and CRL.M.A. 34296/2025 SATENDER KUMAR AND ORS. .....Petitioners Through: Mr. B.H. Gaur and Mr. Mandeep Kumar, Advocates. versus STATE OF NCT OF DELHI AND ORS .....Respondents Through: Ms. Richa Dhawan, APP for State with ASI Sunita, PS-Alipur. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN