Zaid v. The State and Anr.

Delhi High Court · 02 Jul 2025 · 2025:DHC:5167
Ravinder Dudeja
CRL.M.C. 4202/2025
2025:DHC:5167
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 316(4) BNS following an amicable settlement between the parties, affirming the court's power under Section 482 CrPC to prevent abuse of process.

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CRL.M.C. 4202/2025
HIGH COURT OF DELHI
Date of Decision: 02.07.2025 ,,,,,,,,,, CRL.M.C 4202/2025 & Crl. M.A.18327/2025
ZAID .....Petitioner
Through: Mohd. Kamil Khan, Adv. Petitioner in person.
VERSUS
THE STATE AND ANR. … Respondents
Through: Mr. Aman Usman, APP for the State
WITH
SI Sonu Bharti, P.S.Pandav Nagar.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. The present petition is filed under Section 482 Cr.P.C. (Old Act) / Section 528 BNSS (New Act) for quashing of FIR NO. 711/2024 registered under Sections 316(4) BNS at Police Station Pandav Nagar, Delhi.

2. The complainant, Nizamuddin, alleged that his employee Zaid was entrusted with collecting ₹15,40,000/- from clients in the Seelampur scrap market, which he confirmed having received. Later that evening, Zaid claimed he was robbed at knifepoint near Akshardham Setu by an unknown person in a burqa, but his inconsistent statements led the complainant to suspect embezzlement. Based on the complaint and preliminary inquiry, FIR No. 711/24 under Section 316(4) BNS was registered at PS Pandav Nagar.

3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise/Settlement Deed dated 18.02.2025.The complainant and petitioner, being relatives, amicably resolved the dispute after the police recovered and returned the full amount of ₹15,40,000/- allegedly misappropriated by the petitioner. Both parties confirmed that no amount remains outstanding and agreed not to pursue any further legal action against each other. They jointly consented to file a petition under Section 482 CrPC for quashing FIR No. 711/24 in the interest of justice and final settlement.The copy of the Compromise/Settlement Deed dated 18.02.2025 has been annexed as annexureP[2].

4. Petitioners and respondent no.2 are physically present before the Court. They have been identified by the Investigating Officer SI Sonu Bharti, P.S.Pandav Nagar.

5. Respondent No.2/complainant has confirmed that the matter has been settled with the petitioners without any force, fear, coercion. She further submits that she has no objection if the FIR No. 711/2024 registered under Sections 316(4) BNS at Police Station Pandav Nagar, Delhi is quashed against the petitioners.

6. In view of the settlement dated 18.02.2025 between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 711/2024 registered under Sections 316(4) BNS at Police Station Pandav Nagar, Delhi is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 711/2024 registered under Sections 316(4) BNS at Police Station Pandav Nagar, Delhiand all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 711/2024 registered under Sections 316(4) BNS at Police Station Pandav Nagar, Delhi and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioner depositing cost of Rs.5000/- with Delhi Legal Services Authority within 15 days.

10. Petition is allowed and disposed of accordingly.

11. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J JULY 02, 2025