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Date of Decision: 09.05.2025
DEEPAK .....Petitioner
Through: Ms. Rachna Jasaiwal & Ms. Apurva Singhal, Advs.
Through: Mr. Satish Kumar, APP for State.
SI Priyanka PS Alipur.
Mr. Akshay Kumar & Mr. Sanjeev Solanki, Advs. for R-2
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of. CRL.M.C. 2582/2025
3. The present petitioner has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR bearing No. 813/ 2014 dated 02.09.2014 for offences under Sections 354A/323/509/34 of the Indian Penal Code, 1860, registered at Police Station Alipur (subject FIR).
4. The learned counsel for the petitioner submits that an altercation between the petitioner and respondent no. 2, due to quarrel over the grazing of cattle in the field of the respondent no. 2, led to the registration of the subject FIR, however, the parties have arrived at a Settlement, thereby, amicably resolving the dispute persisting between them.
5. 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 Compromise Deed dated 22.01.2024, has been duly executed between the petitioner and respondent No. 2. It is further submitted that, in terms of the said Compromise Deed, the respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The Compromise Deed dated 22.01.2024, outlining the terms of settlement has been placed on record.
6. Pursuant to this Settlement, the Statement of the parties have been recorded by the Registrar on 17.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Registrar, has stated therein, that he does not wish to pursue the subject FIR and all the proceedings emanating therefrom.
7. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
8. The respondent no. 2, who is present in court, upon being queried, confirms that she entered into the said Compromise out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial fora. Furthermore, she has stated that there is no litigation pending between the parties and that she has no objection if the subject FIR is quashed.
9. In view of the forgoing, counsel for the parties, jointly prayed for the quashing of the subject FIR.
10. 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, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.
11. In view of the above facts and the Compromise Deed dated 22.01.2024, the subject FIR bearing No. 813/ 2014 dated 02.09.2014 for offences under Sections 354A/323/509/34 of the Indian Penal Code, 1860, registered at Police Station Alipur and all consequential proceedings arising therefrom, are hereby quashed.
12. The present petition is, accordingly, disposed of, in the aforesaid terms.