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HIGH COURT OF DELHI
Date of Decision: 06.05.2025
SACHIN TOMAR@SONU .....Petitioner
Through: Mr. Atul Varma and Mr. Hemant Kumar, Advs. along
Through: Mr. Raghuinder Verma, APP for State
Malviya Nagar.
Mr. Sameer Tayyeb, Mohd.
Salman and Mr. Monis Rais, Advs. for R-2 along
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application stands disposed of. CRL.M.C. 1904/2025, CRL.M.A. 8597/2025
3. The present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner seeking to quash the FIR bearing No. 542/2015 dated 20.03.2015 (“subject FIR”) for the offences under Section 506/509 of the Indian Penal Code, 1860 (“IPC”) registered at Police Station Malviya Nagar and all consequential proceedings arising therefrom.
4. It is submitted on behalf of the parties that the respondent NO. 2/complainant is the mother of the victim and due to some misunderstanding, the subject FIR came to be lodged.
5. It is submitted that with the intervention of the well-wishers, family members, relatives and mutual acquaintances, the entire dispute has now been settled between the parties voluntarily vide Settlement Agreement dated 12.08.2024.
6. The respondent no. 2, who is appearing with her counsel submits that inadvertently in paragraph 7 of the MoU dated 12.08.2024, it has been mentioned that in case, the petitioner shall violate any of the terms and conditions of the aforesaid MoU, the subject FIR shall stand revived and restored to its original number and stage and in such an eventuality, the second party shall also be liable to face the contempt proceedings and also for damages. However, in such an eventuality, the respondent no. 2, if required in future, shall file a fresh FIR, as per law.
7. The petitioner-in-person present in the court, submits that he has no objection to the said submission made by the respondent no. 2.
8. 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)/Settlement agreement dated 12.08.2024, has been duly executed between the petitioner and respondent No. 2. The MoU dated 12.08.2024 outlining the terms of settlement has been placed on record.
9. It is submitted that in pursuance to this settlement, the statement of the parties has been recorded by the Joint Registrar (Judicial) on 16.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. Further, the respondent no. 2 has categorically undertaken to quash the subject FIR and all consequential proceedings arising therefrom.
10. Before this Court, the Investigating Officer has again identified the parties. The parties have stated and confirmed that they are abiding by all the terms of the Settlement.
11. In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.
12. In conspectus of the facts and circumstances and having regard to the Memorandum of Settlement dated 12.08.2024, the subject FIR bearing No. 542/2015 dated 20.03.2015 registered for the offences under Section 506/509 of the IPC at PS Malviya Nagar and all consequential proceedings arising therefrom, are hereby quashed.
13. The present petition is, accordingly, disposed of.