Full Text
HIGH COURT OF DELHI
Date of Decision: 02.04.2025
NARESH ALIAS NARESH BASOYA & ANR. .....Petitioners
Through: Mr. Gajraj Singh & Ms. Sakshi Sachdeva, Advs.
Through: Ms. Meenakshi Dahiya, APP for State.
SI Vikas Kumar PS Keshav Puram.
Complainant/victim is present through VC.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
3. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed seeking quashing of the FIR bearing No. 969/2022 dated 05.11.2022 (subject FIR) for the offences under Section 506/509/341 of the Indian Penal Code, 1860 (IPC) registered at Police Station Keshav Puram and all consequential proceedings arising therefrom on the basis of the Settlement arrived at between the parties.
4. It is submitted on behalf of the parties that the petitioner no.1 and respondent no. 2 are husband and wife and due to some misunderstanding, the subject FIR came to be lodged.
5. It is submitted that the entire dispute has now been settled between the parties voluntarily vide Settlement Agreement dated 28.02.2025. Wherein, the respondent no.2, the wife of the petitioner no.1 has undertaken that she has no objection, if the subject FIR is quashed and that the settlement has arrived without payment of any compensation or subject to any terms. This Settlement Agreement has been placed on record.
6. It is submitted that in pursuance to this settlement, the statement of the parties has been recorded by the Joint Registrar (Judicial) on 07.03.2025 and they have been duly identified by the Investigating Officer and their respective counsels.
7. Before this Court, the Investigating Officer has again identified the parties. While appearing through Video Conferencing and in person, they have stated and confirmed that they are abiding by all the terms of the Settlement.
8. 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.
9. Accordingly, in the interest of justice the FIR bearing NO. 969/2022 dated 05.11.2022 for the offences under Section 506/509/341 of the IPC registered at Police Station Keshav Puram and all consequential proceedings arising therefrom, are hereby quashed.
10. The present petition is, accordingly, disposed of.