Full Text
HIGH COURT OF DELHI
Date of Decision: 19.11.2025 ,,,,,,,,,, CRL.M.C. 8223/2025 & CRL.M.A. 34309/2025 EXEMPTION
MUKESH SWAMI .....Petitioner
Through: Mr. Raj Gaurav, Adv.
Through: Mr. Nawal Kishore Jha, APP
Gandhi Nagar.
Mr. Kumar Pranav, Adv. for R- 2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 561/2021, dated 06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi under Sections 341/354 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations in the FIR, while respondent no. 2 and her son were going on a scooty, suddenly the petitioner came in front of their scooty, resulting in collision. Petitioner took away the key of the scooty and caught respondent no. 2 and pushed her. FIR no. 561/2021 was lodged at the instance of the respondent no. 2 under Section 341/354 IPC. It is submitted that charge sheet has since been filed.
3. During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Settlement Deed/Agreement dated 18.09.2025, copy of which has been annexed as Annexure P-4.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI H. R. Choudhary, from PS Gandhi Nagar.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has no objection if the FIR No. 561/2021 is quashed against the Petitioner.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 561/2021 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
8. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
9. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 561/2021, dated 06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi under section 341/354 IPC and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioner depositing cost of Rs. 10,000/- (Rupees Ten Thousand) with DSLSA within a month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.