Vikas Gupta & Anr. v. The State of NCT of Delhi & Ors.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 240/2025, dated 01.08.2025, registered at P.S Paschim Vihar, Delhi under Sections 290/106 BNS (288/304A IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations made in the FIR, On 01/08/2025, during demolition work respondent no. 2’s husband was buried under debris after a wall and staircase collapsed due to lack of safety equipments provided by the petitioners and was declared brought dead when he was taken to Balaji Action Hospital. FIR No. 240/2025 was lodged upon a PCR call, under sections 290/106 BNS against the petitioners.

3. Respondents are stated to be the surviving legal heirs of the deceased. It is submitted that parties have amicably resolved their disputes and executed a Settlement Agreement dated 08.09.2025 and in terms of settlement, petitioners have paid Rs. 3,00,000/- (Rupees Three Lacs only) to respondent no. 2, of Rs. 2,00,000/- (Rupees Two Lacs only) to respondent no. 3 and Rs. 1,55,000/- (Rupees One Lac Fifty Five Thousand only) by way of demand drafts today in Court. Copy of the Settlement Agreement dated 08.09.2025 has been annexed as Annexure P-2.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Shankar Singh, from PS Tigri.

5. Respondents confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have received the compensation amount and have no objection if the FIR No. 240/2025 is quashed against the petitioners.

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. 240/2025 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:-

compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

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 above-mentioned FIR and the proceedings pursuant thereto.

10. The petition is allowed, and the FIR No. 240/2025, dated 01.08.2025, registered at P.S Paschim Vihar, Delhi under section 290/106 BNS and all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of.