Delhi High Court
Ankur Jain & Ors. vs State Govt. Of Nct Of Delhi And Anr. on 7 April, 2025
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 07.04.2025
+ W.P.(CRL) 264/2025
ANKUR JAIN & ORS. .....Petitioners
Through: Mr. Sudhir Naagar, Ms.
Rajshree Singh & Mr. Piyush
Aggarwal, Advs. with
petitioners in person.
versus
STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Ms. Rupali Bandhopadhya,
ASC for State.
Mr. Murari Tiwari & Mr. Rahul
Kumar, Advs. for R-2 with R-2
in person.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SHALINDER KAUR, J (ORAL)
1. This matter has been received by way of transfer.
CRL.M.A. 2303/2025 (Exemption)
2. Allowed, subject to all just exceptions.
3. Application stands disposed of.
W.P.(CRL) 264/2025
4. The petitioners have invoked the jurisdiction of this Court under
Signature Not Verified
Digitally Signed W.P.(CRL) 264/2025 Page 1 of 5
By:NEELAM
Signing Date:12.04.2025
15:00:01
Article 226 of the Constitution of India read with Section 528
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing
of FIR No.47/2019 (subject FIR) for the offences under Section
420/468/471 Indian Penal Code, 1860 (IPC) registered at Police
Station Jyoti Nagar and all consequential proceedings arising
therefrom.
5. The learned counsel for the petitioners submits that, petitioner
no. 1 is the son in law of sister of respondent no. 2, who, along with
petitioner no. 2, are the trustees of the trust being ‘Mahendra Kumar
Jain Educational Trust’, a public charitable trust. On account of a
dispute between the parties with regard to the aforesaid trust and title
of the trustee as well as in respect to the functioning and operation of
the school, namely Mount Litera Zee School, run by the trust, two
cross FIRs were registered, which are as follows:
i. Ankur Jain got registered an FIR bearing no.62/2018 dated
17.02.2018 under Section 420/468/471/120B/34 IPC at PS
Jyoti Nagar, Delhi.
ii.Hans Kumar Jain got registered an FIR bearing no.47/2019
dated 08.02.2019 under Section 420/468/471 IPC at PS
Jyoti Nagar, Delhi.
6. He further submits that with the intervention of the family
members, relatives, and mutual acquaintances, the parties have arrived
at an amicable and voluntary resolution of all the disputes pertaining
to the functioning and administration of the aforesaid Trust and that
no further dispute subsists in relation thereto.
Signature Not Verified
Digitally Signed W.P.(CRL) 264/2025 Page 2 of 5
By:NEELAM
Signing Date:12.04.2025
15:00:01
7. The present petition is premised on the aforesaid assertion that
the dispute inter se the parties stand amicably resolved, of their own
volition, uninfluenced by any coercion, compulsion or undue
inducement. In furtherance thereof, a Memorandum of Understanding
(MoU) dated 23.12.2025, has been duly executed between the
petitioners and respondent No. 2. It is further submitted that, in terms
of the said Settlement/MoU, respondent No. 2 has undertaken to
withdraw all proceedings presently pending before various judicial
fora. The MoU dated 23.12.2024 outlining the terms of settlement has
been placed on record.
8. Pursuant to this Settlement, the Statement of the parties have
been recorded by the Joint Registrar (Judicial) on 28.03.2025 and they
have been duly identified by the Investigating Officer and their
respective counsels. The respondent no. 2, in his statement before the
Joint Registrar (Judicial), has stated therein, that he has no objection if
the subject FIR and all the proceedings emanating therefrom is
quashed.
9. Before this Court, the Investigating Officer has again identified
the parties and they have confirmed in the statement made to this
Court that they are abiding by all the terms of the Settlement. The
respondent no. 2 has given No Objection to quashing of the FIR. An
affidavit to this effect is also placed on record.
10. The learned counsel for the respondents further submits that one
of the FIRs being FIR bearing No.62/2018 has been quashed today,
i.e. on 07.04.2025 by the learned Coordinate Bench of this Court.
Signature Not Verified
Digitally Signed W.P.(CRL) 264/2025 Page 3 of 5
By:NEELAM
Signing Date:12.04.2025
15:00:01
11. In view of the foregoing, counsel for the parties, jointly prayed
for the quashing of the subject FIR.
12. In these circumstances, in line with the law laid down by the
Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10
SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab &
Anr.: (2014) 6 SCC 466 and considering the nature of the dispute and
the fact that the settlement between the contesting parties have been
amicably entered into, and one of the cross FIRs between the parties
has been quashed today by this Court, this Court sees no reason, why
the subject FIR and all proceedings emanating therefrom should not
be quashed. Continuing with the subject FIR and all subsequent
proceedings would be a futile exercise, which would not be conducive
to peace and harmony between the parties and amount to abuse of
process of Court.
13. In view of the above facts and the Memorandum of
Understanding dated 23.12.2024, the FIR No.47/2019 for the offences
under Section 420/468/471 of the IPC registered at Police Station
Jyoti Nagar and all consequential proceedings arising therefrom, are
hereby quashed.
14. Due to the registration of cross FIRs, the State machinery has
been put to motion and a lot of precious public time has been
consumed, therefore, ends of justice would be met if the petitioners is
put to cost.
15. The learned counsel for petitioners, on instructions from
petitioners, who are present in person in Court, have come forward
Signature Not Verified
Digitally Signed W.P.(CRL) 264/2025 Page 4 of 5
By:NEELAM
Signing Date:12.04.2025
15:00:01
and agreed to contribute an amount of Rs.5,000/- by each petitioner
for welfare purposes as has been done in the other petition bearing
CRL.M.C. No. 70/2025 by the learned Coordinate Bench of this
Court. Accordingly, petitioners are directed to deposit this amount
with Delhi High Court Legal Services Committee within two weeks
from today and receipt of the same be placed on record.
16. The present petition is, accordingly, disposed of, in the
aforesaid terms.
SHALINDER KAUR, J
APRIL 07, 2025/ab/kp
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Signature Not Verified
Digitally Signed W.P.(CRL) 264/2025 Page 5 of 5
By:NEELAM
Signing Date:12.04.2025
15:00:01