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2026 DAILYLAW 16693 (DEL)

SUSHILA DEVI AND ORS. v. THE STATE AND ORS.

CRL.M.C./6154/2026 · 2026-08-24

Manoj Jain

body2026

Judgment text

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CRL.M.C. 6154/2026 & 1 CRL.M.C. 6169/2026 $~89 & 90 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th August, 2026 # CNR No. DLHC010391282026 + CRL.M.C. 6154/2026 SUSHILA DEVI AND ORS. …..Petitioner Through: Mr. Abhishek Chhabra with Mr.Manoj Ahlawat, Mr. Ankit Hooda, Ms. Anushka, Advocates with petitioners in person. versus THE STATE AND ORS. …..Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with SI Gajender Singh, PS Bindapur. Mr. Faisal Naseem with Mr. Rakesh Kumar, Mr. Shubham Sharma, Advocates for respondent Nos.2 (a), (b) and (c) with respondents in person. # CNR No. DLHC010392062026 + CRL.M.C. 6169/2026 &CRL.M.A. 25804/2026 SMT.MAMTA …..Petitioner Through: Mr. Faisal Naseem with Mr. Rakesh Kumar, Mr. Shubham Sharma, Advocates with petitioner in person. versus STATE (GOVT. OF NCT OF DELHI) AND ANR. …..Respondents Through: Mr. Sunil Kumar Gautam, APP for the State with SI Gajender Singh, PS Bindapur. Mr. Abhishek Chhabra with Mr.Manoj Ahlawat, Mr. Ankit Hooda, Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:25:36 Signature Not Verified CRL.M.C. 6154/2026 & 2 CRL.M.C. 6169/2026 Ms. Anushka, Advocates for respondent No.2 with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Both these petitions are connected as these emanate from cross-FIRs. Both the petitions have, therefore, been taken up together. 2. In CRL.M.C. 6154/2026, petitioners seek quashing of FIR No.498/2021 dated 03.06.2021, registered at Police Station Binda Pur, for commission of offences under Sections 420/465/468/471/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 3. The dispute was, essentially, relating to a property situated in Binda Pur i.e. property bearing No.Q-66, Roop Nagar, Bhagat Enclave, Binda Pur Extension, Uttam Nagar, New Delhi. There are three accused persons in the abovesaid FIR i.e. Sushila Devi, Sandeep Ahlawat and Ved Prakash and FIR has been registered on the basis of a complaint made by Sh. Gyarsi Lal (since deceased). The FIR has been registered pursuant to the directions given by the concerned Magisterial Court on an application moved under Section 156(3) Cr.P.C. The abovesaid FIR i.e. FIR 498/2021 is still under investigation. 4. Sh. Gyarsi Lal, the complainant has, however, expired but the mediation settlement took place on 18.12.2025, during his lifetime only and such mediation settlement is found to be duly signed by him also. 5. In CRL.M.C. 6169/2026, petitioners seeks quashing of FIR No.663/2015 registered at Police Station Binda Pur, for commission of Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:25:36 Signature Not Verified CRL.M.C. 6154/2026 & 3 CRL.M.C. 6169/2026 offences under Sections 420/467/468/471/506/34 IPC. The surviving accused in the abovesaid FIR is Ms. Mamta, who is stated to be daughter-in-law of Sh. Gyarsi Lal. The abovesaid FIR was registered on the basis of complaint of Sh. Sandeep Ahlawat (respondent No.2). It had also been registered on the basis of the order passed by the concerned Magisterial Court on an application moved under Section 156(3) Cr.P.C. The abovesaid complaint was directed against Sh. Gyarsi Lal (since deceased) and his said daughter-in-law i.e. Ms. Mamta. The abovesaid case is, reportedly, at the stage of consideration of charge. 6. It is also informed by the learned counsel for the parties that a civil suit had been filed by Sh. Sandeep Ahlawat and when the matters were referred to mediation, all the matters were got amicably settled. 7. Reference is made to mediation order dated 18.12.2025, passed by Delhi Mediation Centre, Dwarka Courts, Delhi. 8. It is in the abovesaid backdrop that quashing is being sought. 9. In CRL.M.C.6154/2026, all the LRs of deceased Sh. Gyarsi Lal are present. Deepak and Anand are sons of Sh. Gyarsi Lal whereas Pooja is his daughter. There is no other surviving LR. All the abovesaid LRs submit that the matter has been amicably settled by their father and they have no objection if, in view of such settlement, the FIR in question is quashed. 10. Similarly, in the cross-FIR, respondent No.2 Sh. Sandeep Ahlawat also reiterates the fact that there is an amicable settlement between the parties and that he has already withdrawn his civil suit in terms of the amicable settlement and, therefore, he, too, would have no objection if the other FIR i.e. FIR No.663/2015 is also quashed. During course of consideration, he also placed on record internet copy of order dated 06.07.2026, passed by the learned Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:25:36 Signature Not Verified CRL.M.C. 6154/2026 & 4 CRL.M.C. 6169/2026 District Judge -02, South West, Dwarka, whereby his suit i.e. CS DJ ADJ No.424/2018 has been withdrawn in terms of the amicable settlement between the parties and even the Court fee has been directed to be returned to him. A compromise decree sheet has also been drawn. Copy of order dated 06.07.2026 is taken on record. 11. The settlement terms are recorded comprehensively in the mediation proceedings dated 18.12.2025 and the parties have settled the matter amicably with the intervention of family members, friends, colleagues and well-wishers. As already noticed above, the abovesaid settlement took place during the lifetime of Sh. Gyarsi Lal. His death certificate is on record, which indicates his date of death as 07.01.2026. 12. All the complainants are present in Court and have been duly identified by their respective counsel and also by the Investigating Officer. 13. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainants do not wish to press any charges against the petitioners and moreover, civil suit has already been disposed of and compromise decree has been passed. There is, now, no issue or dispute concerning said property of Bindapur. 14. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIRs. 15. Consequently, to secure the ends of justice, FIR No.498/2021 dated 03.06.2021, registered at Police Station Binda Pur, for commission of offences under Sections 420/465/468/471/34 IPC and FIR No.663/2015 Digitally Signed By:SONIA THAPLIYAL Signing Date:29.08.2026 12:25:36 CRL.M.C. 6154/2026 & 5 CRL.M.C. 6169/2026 registered at Police Station Binda Pur, for commission of offences under Sections 420/467/468/471/506/34 IPC, along with all consequential proceedings arising therefrom, are, hereby, quashed subject to petitioners depositing total cost of Rs.10,000/- in respective cases with Delhi High Court Legal Services Committee within four weeks from today. In FIR No.663/2015, proof of deposit of cost along with original affidavits, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court and in FIR No.498/2021, proof of deposit of cost along with original affidavits shall be handed over to SHO/IO concerned as FIR is still pending investigation in the abovesaid case. 16. The petition stands disposed of in aforesaid terms. 17. Pending applications also stand disposed of. (MANOJ JAIN) JUDGE AUGUST 24, 2026/st/sk By:SONIA THAPLIYAL Signing Date:29.08.2026 12:25:36