Delhi High Court
Sadique Ahmad @Nanhe & Ors vs The State Of Nct Of & Ors on 9 September, 2025
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 09.09.2025
,,,,,,,,,,
+ CRL.M.C. 3517/2025
SADIQUE AHMAD @NANHE & ORS. .....Petitioners
Through: Mr. Dharamvir Singh & Mr.
Jagdish Singh, Advs. along with
petitioners in person.
versus
THE STATE OF NCT OF DELHI & ORS. ... Respondents
Through: Ms. Kiran Bairwa, APP for the
State with Insp. Sharvan Kumar
& SI Narender Kumar, PS
Sultan Puri
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 37/2011, dated
17.04.2024, registered at P.S Sultanpuri, Delhi under Sections
452/323/341/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. As per allegations made in the FIR, on 15.04.2009, petitioners
forcibly broke into the house of respondent no. 3, physically assaulted
respondents with katta, sariya and lathis and snatched Rs. 5,000 and
gold chains. It is submitted that the nature of injuries sustained were
grievous injuries including fracture and eye injury. FIR No. 37/2011
was lodged at instance of respondent no. 2 under section
452/323/341/34 IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes before the Mediation Centre, Rohini District Courts,
Delhi and executed a Settlement Agreement dated 02.11.2023. Copy
of the Settlement Agreement dated 02.11.2023 has been annexed as
Annexure P-3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer Inspector Sharvan Kumar and SI Narender Kumar, from PS
Sultan Puri.
5. Respondents confirm that the matter has been amicably settled
with the petitioners without any force, fear, coercion and they have no
objection if the FIR No. 37/2011 is quashed against the petitioners.
6. Learned APP has raised objection to the quashing stating that
the offence is serious in nature being punishable with imprisonment
upto 7 years and is non-bailable.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion. Hence, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 37/2011, dated
17.04.2024, registered at P.S Sultanpuri, Delhi under sections
452/323/341/34 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
September 09, 2025
SK
