WRIT PETITION 94 of 2024
Parties
- JAGMOHAN SINGH SAHNI (PETITIONER)
- THE STATE (GOVT. OF NCT OF DELHI) & ANR (RESPONDENT)
Cites (0 resolved of 1 detected)
1 case citation detected in this judgment's own text, but none resolved to a judgment page in this build yet.
Statutes cited (4)
- indian penal code, 174a (1860)
- constitution of india, 528 (1950)
- constitution of india, article-226 (1950)
- indian penal code (1860)
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2926/2024, CRL.M.A. 28609/2024 (stay)
JAGMOHAN SINGH SAHNI
.....Petitioner
Through: Mr. Sanjay Aggarwal, Mr. Indresh Uphadyay and Mr. Ajay Raghav, Advocates with Petitioner.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through: Mr. Amol Sinha, ASC for State along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan and Mr. Manan Wadhwa, Advocates with SI Deepak, HC Sunil, PS Naraina. Through: Mr. Amol Sinha, ASC for State along with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan and Mr. Manan Wadhwa, Advocates with SI Deepak, HC Sunil, PS Naraina.
Mr. Balvinder Singh Bagga, Mr. Sarthak Mogha, Mr. Manish Ranjan, Mr. Radhika Vashisht, Advocates for R2 with R2. Sarthak Mogha, Mr. Manish Ranjan, Mr. Radhika Vashisht, Advocates for R2 with R2.
CORAM:HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R R08.10.2025
1. Petition under Article 226 and 227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner for quashing of FIR No.94/2024 under Section 174A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Naraina and all the consequential proceedings emanating therefrom, in view of the Settlement dated 16.05.2024.
2. Issue Notice.
3. On advance Notice, learned ASC has appeared and accepted the Notice on behalf of the State.
4. On the Complaint of the Respondent No.2/Complainant, FIR No.94/2024 under Section 174A of IPC, got registered at Police Station Naraina.
5. It is submitted that the said FIR was registered as the Petitioner failed to appear in Complaint under Section 138 of Negotiable Instrument Act. However, the said Complaint already stands settled and the amount of Rs.7,00,000/- has already been paid to the Complainant.
6. Learned counsel for the Complainant has appeared and confirmed that the matter under Section 138 of N.I. Act from where the present FIR has emerged, already stands settled.
7. It is stated that the Petitioner and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 16.05.2024.
8. Today, the Respondent No. 2, who is present in the Court, states that he has received all amounts due to him and has no objection if the said FIR is quashed.
9. The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.
10. In view of the submissions made and considering that the main Complaint Case under Section 138 of N.I. Act, already stands settled, no fruitful purpose would be served in continuing with the present FIR No.
94/2024 under Section 174A of IPC, registered at Police Station Naraina and all the consequential proceedings emanating therefrom are quashed. 11. The Petition is disposed of accordingly. Pending Application, if any, also stands disposed of.
OCTOBER 8, 2025/RS
NEENA BANSAL KRISHNA, J