Atul Kumar v. State Govt. of NCT of Delhi and Anr.

Delhi High Court · 25 Apr 2026 · 2026:DHC:3580
Manoj Jain
CRL.M.C. 1855/2025
2026:DHC:3580
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 74/75(1) BNS, 2023 based on an amicable settlement and the complainant's consent, exercising inherent powers under Section 528 BNS, 2023.

Full Text
Translation output
CRL.M.C. 1855/2025 1
HIGH COURT OF DELHI
Date of Decision: 25th April, 2026
CRL.M.C. 1855/2025 & CRL.M.A. 8386/2025
ATUL KUMAR .....Petitioner
Through: Mr. Avnish Sharma with Mr. Kavish Sharma, Advocates with petitioner in person
VERSUS
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Ajay Vikram Singh, APP for the State with SI Rahul Bisht, PS GTB
Encalve and SI Jagroshini, PS Seelampur.
Respondent No.2 (through V.C.)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner herein seeks quashing of FIR No.346/2024 dated 24.07.2024, registered at Police Station G.T.B. Enclave, Delhi, for commission of offences under Sections 74/75(1) Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 354/354A IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Petitioner was posted as X-Ray Technician in the hospital in question and on 16.07.2024, one contractual employee (respondent No.2) herein, was present in the hospital and while she was alone, accused came there and started touching her inappropriately. She, accordingly, reported the matter to police which resulted in registration of the abovesaid FIR.

3. Charge-sheet has already been filed, albeit, evidence is yet to be led. CRL.M.C. 1855/2025 2

4. Fortunately, with the intervention of common friends and colleagues, both the parties have amicably settled the matter and the terms of such settlement has been recorded in the Settlement Deed dated 14.02.2025. The quashing of the FIR is thus being sought on the basis of such amicable settlement between the parties.

5. When the present matter was placed before learned Joint Registrar (Judl.) on 19.03.2025, detailed statement of respondent No.2 was recorded on oath wherein she, categorically, deposed that she had entered into the abovesaid settlement voluntarily and without any pressure and coercion. She also stated that the petitioner had tendered his unconditional apology, which she had accepted and, therefore, she was willing to cooperate for quashing of FIR in question.

6. Petitioner is present in Court.

7. Respondent No.2 has joined the proceedings through video-conferencing and has been duly identified by the Investigating Officer.

8. When asked, she reiterates the abovesaid settlement and submits that she would have no objection if the FIR in question is quashed. She submits that though she continues to work in the same hospital, the petitioner has been transferred, somewhere else.

9. In Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, the Apex Court observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak. Reference be made to Gian Singh v. State of Punjab & Anr.: (2012) 10 SCC CRL.M.C. 1855/2025 3 303.

10. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. In any case, even the complainant does not wish to press any charges against the petitioner.

11. 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.

12. Consequently, to secure the ends of justice, FIR No.346/2024 dated 24.07.2024, registered at Police Station G.T.B. Enclave, Delhi, for commission of offences under Sections 74/75(1) Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 354/354A IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed. Original Settlement Deed dated 14.02.2025 and Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

13. The petition stands disposed of in aforesaid terms.

14. Pending application also stands disposed of.

JUDGE APRIL 25, 2026/st/sa