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2026 DAILYLAW 16448 (DEL)

MOHAMMAD ARSHAD v. STATE GOVT OF NCT OF DELHI AND ANR

CRL.M.C./6254/2026 · 2026-08-24

Madhu Jain

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010397572026 + CRL.M.C. 6254/2026 MOHAMMAD ARSHAD .....Petitioner Through: Mr. Bharat Sharma, Ms. Vandana Anand, Mr. Kapil Dua and Mr.Vishal Anand, Advs. Petitioner-in-person. versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Manoj Pant, APP for State. Respondent no.2-in-person SI Anil, PS Seemapuri CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 24.08.2026 This hearing has been done through hybrid mode. CRL.M.A. 26100/2026 (exemption) 1. Allowed subject to all just exceptions. The application is disposed of. CRL.M.C. 6254/2026 2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioner seeks quashing of FIR No. 417/2014, registered at Police Station Seemapuri, Delhi, for the offences punishable under Sections 379/356/34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), and all consequential proceedings emanating therefrom, on the basis of the settlement arrived at between the parties. 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 29/08/2026 at 15:14:41 3. Issue notice. The learned APP accepts notice on behalf of the State. 4. The petitioner and respondent no. 2 are present before this Court and have been identified by the Investigating Officer concerned. 5. Brief facts of the case are that the present FIR came to be registered on the complaint of Respondent No. 2 alleging commission of offences punishable under Sections 379/356/34 of the IPC against the petitioner. Pursuant to the registration of the FIR, investigation was conducted and the charge-sheet was filed before the learned Trial Court. During the pendency of the proceedings, the parties amicably resolved their disputes and entered into a Settlement Agreement dated 17.07.2026. 6. Learned counsel for the petitioner submits that the parties have amicably settled all their disputes and differences. It is further submitted that, in terms of the settlement, the petitioner has agreed to pay a sum of Rs. 50,000/- to Respondent No. 2 at the time of quashing of the present FIR. 7. On a query made by this Court, Respondent No. 2, who has been duly identified by the Investigating Officer, states that he has entered into the settlement voluntarily, out of his own free will and without any pressure, coercion or undue influence. He further submits that he has received the entire settlement amount of Rs. 50,000/- and has no objection if the present FIR and all consequential proceedings emanating therefrom are quashed. 8. In view of the fact that the parties have amicably resolved their disputes out of their own free will and without any coercion, and Respondent No. 2 has received the entire settlement amount and does not wish to pursue the matter any further, no useful purpose would be served by continuing the criminal proceedings. Rather, continuation thereof would only result in unnecessary litigation between the parties. 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 29/08/2026 at 15:14:41 9. In the facts and circumstances of the present case, this Court is of the view that continuation of the criminal proceedings would amount to an abuse of the process of law and that it would be in the interest of justice to exercise the inherent jurisdiction of this Court under Section 528 of the BNSS. 10. Accordingly, FIR No. 417/2014, registered at Police Station Seemapuri, Delhi, for the offences punishable under Sections 379/356/34 of the IPC, along with all consequential proceedings emanating therefrom, is hereby quashed. 11. The present petition is disposed of. Pending application(s), if any, also stand(s) disposed of. 12. Copy of the order be sent to the learned Trial Court for necessary information and compliance. 13. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 24, 2026/b/P 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 29/08/2026 at 15:14:41