Sh Shyam Arora @ Shyam Sunder Arora & Anr. vs State Of Delhi & Anr.

Manoj Jain, J

Petitioner herein seeks quashing of FIR No. 638/2025 dated 09.12.2025, registered at Police Station Krishna Nagar for commission of offences under Section 329(4)/332(c)/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 448/451/34 IPC) along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

The abovesaid FIR was registered on the basis of complaint of Mr. Rajesh Aggarwal who reported about illegal trespass and theft committed by Sh. Shyam Sunder Arora. According to him, his wife had purchased commercial premises situated at Krishna Nagar on 03.09.2025 from Mr. Bharat Bhushan Arora, his brother Ajay Kumar Arora and his sister-in-law (Bhabhi)-Sudershan Arora and peaceful possession of the same was taken.

According to complainant, on 08.12.2025, when he came to the abovesaid premises, he found the locks broken and accused Shyam Sunder Arora and Chetan Arora inside their premises and, when they were questioned, they threatened the complainant. He reported the matter to the police with the suspicion that they had trespassed into the premises with the intention to commit theft.

Investigation is, though, stated to be over, charge-sheet is yet to be filed.

In the interregnum, the matter has been amicably settled between the parties and copy of Memorandum of Understanding (MoU) dated 02.05.2026 has been placed on record.

According to complainant, FIR had been got registered under some mistaken impression and the entry of the alleged accused was, in fact, lawful and bona fide.

Petitioners are present in Court.

Respondent No.2 is present in person with his counsel has been duly identified by his counsel as well as by Investigating Officer and also states that the parties have already entered into amicable settlement.

When asked, respondent no.2 reiterates the terms of the settlement as mentioned above. He submits that, earlier, he was not aware that the accused persons are also the co-owners of the property in question and, now, the matter has been settled and the accused persons i.e. co-owners, have already relinquished their share in the property in question and due payment has been made to them in this regard. Respondent No.2 submits that once the FIR is quashed, there would be execution of sale deed from the side of petitioners in favour of his wife.

He submits he has entered into the abovesaid settlement out of his own free will, without any coercion and influence from any corner whatsoever and therefore, he would have'no objection'if FIR in question is quashed. His affidavit to abovesaid effect is also on record.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, civil and private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No. 638/2025 dated 09.12.2025, registered at Police Station Krishna Nagar for commission of offence under Section 329(4)/332(c)/3(5) of Bharatiya Nyaya Sanhita, 2023 (corresponding Section 448/451/34 IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed. Original Memorandum of Understanding as well as original affidavits of the parties be handed over to concerned SHO/IO within two weeks.

The present petition stands disposed of in aforesaid terms.