CRL.M.C./5721/2025 of SURESH ALIAS SONU AND ANR Vs THE STATE OF NCT OF DELHI AND ANR
Parties
- SURESH ALIAS SONU AND ANR (PETITIONER)
- THE STATE OF NCT OF DELHI AND ANR (RESPONDENT)
Cites (1 resolved of 5 detected)
Statutes cited (2)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5721/2025 and CRL.M.A. 24547/2025&CRL.M.A. 24548/2025 24548/2025
SURESH ALIAS SONU AND ANR
.....Petitioners
Through: Mr. Rajni Kant, Advocate with petitioners in person. versus
THE STATE OF NCT OF DELHI AND ANR
.....Respondents Through: Mr. Digam Singh Dagar, APP for the State with SI Pankaj and SI Ashok. Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA
O R R20.08.2025
1.Petitioners herein seekquashing of FIR No.296/2015 dated 11.04.2015
for the alleged offense under Sections 34, 452, 506 of IPC, registered at Police Station Najafgarh, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.
2.At the relevant time, the allegation was that petitioner nos. 1 and 2 forcibly entered the house of respondent no. 2/complainant and threatened her etc.
3.Parties are known to each other and all live in the same neighbourhood. It is now stated that there was some serious misunderstanding that led to the unsavoury incident and the resultant FIR.
4.In the aforesaid backdrop, I have heard learned counsels for the parties, as well as perused the material available on record.
CRL.M.C. 5721/2025
5.Learned Counsel for the petitioners submit that the parties have now amicably settled the disputeto maintain cordial relations, and an affidavit to that effectdated 12.08.2025, duly sworn by respondent no. 2, has been placed on record.
6.Learned counsel would further submit that the petitioners have unconditionally apologized to respondent no. 2, which has been accepted, and the respondent now no longer wishes to pursue with the FIR in question. He would place reliance on the judgment Kulwinder Singh v. State of Punjab (2007 (3) RCR), which affirms the High Court’s power to quash proceedings even in non-compoundable offenses, and Madan Mohan Abbot v. State of Punjab(2008 (2) RCR), which establishes that continuing proceedings serves no useful purpose where compromise exists. He would also submit that no other efficacious remedy is available, and the petitioners have not previously filed any similar petition before this Court or the Supreme Court, thus the FIR in question deserved to be quashed.
7.The parties are present in Court I have interacted with them. On Court query put to respondent no.2, she candidly submits that the matter has been amicably settled out of his own free will, without any duress or coercion. She further submits that, pursuant to the settlement, she has no objection to the quashing of the FIR in question, as she does not wish to pursue the proceedings any further.
8. The dispute between the parties thus stands amicably resolved. Continuation of the criminal proceedings would serve no useful purpose, amount to an abuse of the process of law, and unnecessarily burden the judicial system while wasting the valuable time of the investigating agencies and the Court. The complainant himself does not wish to pursue the case,
CRL.M.C. 5721/2025
and prolonging the proceedings would only perpetuate animosity between the parties, whereas dropping the same would promote peace and harmony.
9.Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303.
10.At this stage, learned APP for the State submits that, as per the information received from the I.O., certain other cases are pending against the applicant, and thus contends that quashing of the present FIR should not prejudice or affect his liability in those matters, if his involvement is established.
11.Be that as it may, quashing of the instant FIR is not to be construed as absolving the applicant of any criminal culpability in those cases, if he is found involved. The prosecution shall be at liberty to proceed against him in accordance with law.
12.Consequently the criminal proceedings arising out of FIR No.296/2015 dated 11.04.2015 for the alleged offense under Sections 34, 452, 506 of IPC, registered at Police Station Najafgarh, along with all the proceedings arising emanating therefrom, are hereby quashed.
13.All pending application(s), if any, shall also stand disposed of.
AUGUST 20, 2025/kd
ARUN MONGA, J
CRL.M.C. 5721/2025