Shri Vivek Gupta v. The State Govt of NCT of Delhi

1. THE STATE GOVT OF NCT OF DELHI Through SHO Police Station New Ashok Nagar, Delhi-110096....Respondent No.1

2. SMT. N. (COMPLAINANT) D/o Shri M R/o XYZ …..Respondent No.2 Through: Ms. Meenakshi Dahiya, APP for the State. Mr. Gaurav Kochar, Advocate for R[2]. CORAM: HON'BLE MS.

JUSTICE NEENA BANSAL KRISHNA JUDGMENT (oral) CRL.M.A. 2140/2025 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The Application stands disposed of.

3. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) has been filed on behalf of the Petitioner, Sh. Vivek Gupta, for quashing of FIR No. 382/2024 under Section 354/354-A/354-D/323 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station New Ashok Nagar and all other proceedings emanating therefrom, in terms of the Settlement Deed dated 11.12.2024.

4. Issue Notice.

5. On advance Notice, Ms. Meenakshi Dahiya, learned APP on behalf of the State, has appeared and accepts Notice.

6. It is submitted that there was Cross-FIR No. 379/2024 under Section 110/3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘B.N.S.’) registered at Police Station New Ashok Nagar, Delhi, in regard to the same incident. The aforesaid Cross-FIR has already been quashed vide Order dated 17.02.2025 by this Court. It is stated that the parties are neighbours and that the parties have amicably settled all their disputes. The partis have amicably resolved their dispute vide Compromise Deed dated 11.12.2024. It is submitted that the present FIR No.382/2024 be also quashed, in terms of the Settlement.

7. Statements of the parties have already been recorded before the learned Joint Registrar.

8. The parties are present before this Court in-person today and have been identified by their learned Counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

9. The parties have submitted that all the disputes have been amicably settled vide Compromise Deed dated 11.12.2024 and thus, no fruitful purpose will be served in continuing with the FIR.

10. The present Petition has been signed by the Petitioner and is supported by his Affidavit. The parties have reaffirmed the terms of the settlement arrived at vide Compromise Deed dated 11.12.2024 and they also submit that the said Compromise Deed has been arrived at between the parties, without any pressure and coercion.

11. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is related to neighbourhood, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

12. Moreover, there is no legal impediment in quashing the FIR in question.