IN THE HIGH COURT OF DELHI AT NEW DELHI
GAURAV GUPTA & ORS. VS. STATE NCT OF DELHI & ANR.
CRL.M.C. 8716/2025
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8716/2025 & CRL.M.A. 36362/2025 JOGENDER & ANR. .....Petitioners Through: Ms. Ghata Kaushik, Adv.
Petitioners in person.
versus STATE NCT OF DELHI AND ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with Mr. Ashish Mahani, Adv. SI Shankar, PS Swaroop Nagar Ms. Usha Rani Kaushik, Adv. for R-2 along with R-2.
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 05.12.2025
1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR No.471/2022 registered at Police Station – Swaroop Nagar for the offences punishable under Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter “the SC/ST Act”) and Sections 506/34 of the Indian Penal Code, 1860 (hereinafter “IPC”).
2. The FIR states that during a property transaction, the petitioners had taken ₹3,14,000/- from respondent no. 2 and later avoided repayment. In early June 2022, the petitioners allegedly confronted him publicly abused him with caste-based slurs, and threatened to kill him.
3. Learned counsel appearing on behalf of the petitioners submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.
4. Settlement Agreement dated 01.10.2022 is on record and has been annexed as Annexure-2. Qua this agreement, the respondent no. 2 has agreed to withdraw the case arising out of FIR No.471/2022 registered at Police Station – Swaroop Nagar against the petitioners.
5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise.
6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.
7. Heard learned counsel for the parties and perused the record.
8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station – Swaroop Nagar. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.
9. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.
10. Keeping in view the fact that the matter stands settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending.
11. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.
12. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.
13. In the present case, cost is being imposed on respondent no. 2 as the material on record indicates that the initiation of criminal proceedings was not supported by substantive allegations, resulting in avoidable involvement of the State machinery and unwarranted consumption of judicial time. In the facts and circumstances of the present case, the respondent no. 2 is directed to deposit a cost of ₹25,000/- with the Delhi High Court Bar Association, D.H.C.B.A. Costs Account i.e., saving account no. 15530110179338 (IFSC- UCBA0001553), Bank Name- UCO Bank, Branch- Delhi High Court within a period of two weeks from today.
14. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No.471/2022
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.