[Cites 4, Cited by 0]
Delhi High Court
Aniket Choudhary vs State Of Nct & Anr on 4 February, 2026
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 04th February, 2026
+ CRL.M.C. 613/2026 & CRL.M.A. 2446/2026 & CRL.M.A. 2447/2026
ANIKET CHOUDHARY .....Petitioner
Through: Mr. Nagender Kumar Yadav,
Ms. Parul Tyagi, Advocates.
versus
STATE OF NCT & ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam, APP for the
State with SI Mahesh Kumar, PS
Vasant Vihar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioner herein seeks quashing of FIR No.114/2024 dated
07.07.2024, registered at P.S. Vasant Vihar, for commission of offences
under Sections 309(4)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023
(corresponding Sections 392/34 of IPC) along with all consequential
proceedings arising therefrom, on the basis of compromise arrived at between
the parties.
2. The abovesaid FIR was lodged on the basis of report of one Sh. Amit
Kumar (respondent No.2 herein), who is working at a chemist shop. On the
date of incident i.e. 06.07.2024, on the basis of one online order, respondent
No.2 had come to Vasant Vihar to deliver medicines but when he came at
designated place, all the four accused persons, met him and threatened him
and entered into scuffle with him. They also snatched away his mobile phone
as well as the packet containing medicines.
3. The investigation was carried out and charge-sheet has already been
filed.
4. According to the case of prosecution, all the four accused persons were
apprehended but learned Addl. P.P. for the State, in all fairness, admits that
two such accused, however, could not be identified in the judicial TIP.
5. The present petition has, though, been filed by one such accused, fact
remains that respondent No.2 is present in Court and submits that he has
already got back his mobile phone as well as the packet containing medicines.
He submits that there was some dispute relating to 'mode of payment' as he
had been directed by the owner of the shop to accept 'cash' only whereas the
customers were intending to make payment through 'online mode'.
According to him, the abovesaid reason resulted in scuffle and registration of
FIR. In his affidavit, he has, categorically, deposed that FIR was registered
in the heat of moment, anger and misunderstanding and he had amicably
settled the disputes with the petitioner.
6. During course of the arguments, he submits that he would have no
objection if the entire FIR, against all the concerned accused, is quashed as he
is, now, left with no grievance in the matter.
7. The medicines in question were ordered by accused Ashish and when
asked, the Investigating Officer apprised that Ashish has no previous
antecedents and is, on anticipatory bail.
8. Petitioner, who is present in Court, is a young man in his twenties, with
no previous involvement.
9. Keeping in mind the overall facts and in view of the narration of the
actual facts by respondent No.2 during course of the proceedings, while
exercising inherent powers vested in this Court under Section 528 of the
BNSS, it is deemed appropriate to quash the instant FIR.
10. Consequently, to secure the ends of justice, FIR No.114/2024 dated
07.07.2024, registered at P.S. Vasant Vihar, for commission of offences
under Sections 309(4)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 along
with all consequential proceedings emanating therefrom, is hereby, quashed.
11. The petition stands disposed of in aforesaid terms.
12. Pending applications also stand disposed of.
(MANOJ JAIN)
JUDGE
FEBRUARY 04, 2026/st/js
