SHRI RASHID & ANR. v. THE STATE THROUGH SHO SAGARPUR, NEW DELHI & ANR.
W.P.(CRL)/1693/2025 · 2025-07-08
Amit Sharma
Writ Petition (Criminal)body2025
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[ 2025 DAILYLAW 19142 (DEL) · dailylaw.ai ]
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[ 2025 DAILYLAW 19142 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1693/2025
SHRI RASHID & ANR.
.....Petitioners Through: Mr. Arun Gaur and Ms. Poonam Sharma, Advs. along with the petitioners in person.
versus
THE STATE THROUGH SHO SAGARPUR,
NEW DELHI & ANR.
.....Respondents
Through: Mr. Sanjay Lao, SC (Crl.), Mr. Abhinav Arya and Mr. Aryan Sachdeva, Advs. for State. SI Shashi Bhushan Kaushik, PS Sagarpur. Mr. Shakeel, Ahmend, Adv. For R-2. Along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R %
08.07.2025
1. This hearing has been done through hybrid mode. CRL.M.A. 15818-19/2025 (exemptions)
2. Allowed, subject to all just exceptions. Applications are disposed of.
W.P.(CRL) 1693/2025
3. The petition under Article 226 read with Section 528 of the BNSS has been filed seeking quashing of FIR No. 152/2025, under Sections 110/3(5) of the BNS, registered as P.S. Sagarpur.
4.
Learned counsel for the petitioners submits that the present FIR was This is a digitally signed order. 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 14/07/2025 at 13:30:55
registered on account of some misunderstanding between the parties. He further submits that the petitioners have since compromised their disputes with respondent no. 2/complainant, and therefore, the present petition seeking quashing of the aforesaid FIR has been preferred. 5. Copy of the Memorandum of Understanding (‘MOU’) dated 02.05.2025, has been placed on record, which records the settlement between the parties and their agreement to cooperate with each other in quashing the present FIR. 6. Petitioner Nos. 1 and 2 and respondent no. 2/complainant are present before the Court and have been duly identified by their respective counsels, as well as the Investigating Officer, SI Shashi Bhushan Kaushik, PS Sagarpur. 7. Complainant/respondent No.2 states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioners. He further states that all the terms of the Memorandum of Understanding have been complied with. 8. Learned Standing Counsel for the State submits that investigation in the present FIR is pending and chargesheet in the present case is yet to be filed. 9. 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:-
“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 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 This is a digitally signed order. 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 14/07/2025 at 13:30:55
question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
10.
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. 152/2025, under Sections 110/3(5) of the BNS, registered as P.S. Sagarpur. 11. In the interest of justice, the petition is allowed, and the FIR No. 152/2025, under Sections 110/3(5) of the BNS, registered as P.S. Sagarpur, is hereby quashed. 12. Petition is allowed and disposed of accordingly. 13. Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 08, 2025/kr
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This is a digitally signed order. 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 14/07/2025 at 13:30:55