BHUPENDER SHARMA & ORS. v. THE STATE N C T OF DELHI THROUGH S H O PS BUDH VIHAR & ANR.
W.P.(CRL)/3265/2025 · 2025-10-08
Ajay Digpaul
Writ Petition (Criminal)body2025
DailyLaw.ai
[ 2025 DAILYLAW 31190 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31190 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3265/2025 BHUPENDER SHARMA & ORS.
.....Petitioners Through: Mr. Naresh Kumar Yadav, Adv. with the petitioners in person versus THE STATE N C T OF DELHI THROUGH S H O PS BUDH VIHAR & ANR. .....Respondents Through: Mr. Anand V. Khatri, ASC for State with Mr. Adietya Khatri, Adv. along with ASI Jeet Singh PS Budh Vihar
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R %
08.10.2025
1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioner praying for quashing of FIR No. 001/2021 registered at Police Station Budh Vihar for the offences punishable under Sections 448/452/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).
2. The brief facts of the case are that respondent no. 2 had purchased property bearing H. No. E-19, Shyam Colony, Budh Vihar Phase-2, Delhi, more than 20 years ago from her brother Raj Kumar Sharma. She allowed her brother to stay temporarily in the said house until he built his own residence, after which petitioner no. 1, petitioner no. 2, and petitioner no. 3, 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 13/10/2025 at 12:34:45
who are some other family members continued to occupy the premises and later refused to vacate it. Consequently, respondent no. 2 filed Civil Suit No. 382/19 before the Tis Hazari Court, and on 12.01.2021 the Court Bailiff, with police assistance, vacated the house pursuant to the order of learned ADJ. Later the same evening, at about 9:30 PM, petitioners allegedly re- entered the house by breaking the lock and took possession again with their belongings, pursuant to which the present FIR was registered.
3.
Learned counsel appearing on behalf of the petitioners submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4. Settlement dated 21.11.2022 is on record and has been annexed as
“Annexure P-3 (Colly)”. Qua this settlement, respondent no. 2 has agreed to withdraw the case arising out of FIR No. 001/2021 registered at Police Station Budh Vihar against the petitioners. 5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 7. Heard learned counsel for the parties and perused the record. 8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Budh Vihar. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 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 13/10/2025 at 12:34:45
9. On a query made by this Court, respondent no. 2 has categorically stated that she has entered into this settlement on her own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties. 10. Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 11. It is, thus, in the interest of justice to quash the aforementioned FIR and the proceedings emanating therefrom. 12. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR no. 001/2021 registered at Police Station Budh Vihar for the offences punishable under Sections 448/452/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 13.
The petition alongwith pending application(s), if any, stands disposed of. AJAY DIGPAUL, J OCTOBER 8, 2025 Sk/yr 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 13/10/2025 at 12:34:45