Full Text
HIGH COURT OF DELHI
Date of Decision: 15.09.2025 ,,,,,,,,,, CRL.M.C. 6524/2025 & CRL.M.A. 27500/2025 STAY, CRL.M.A. 27501/2025 EXEMPTION FROM FILING
CERTIFIED COPIES ETC.
NAMAN JAIN @ SHANU & ANR. .....Petitioners
Through: Mr. Samridhi S. Jain, Mr. Chaitanya Dixit, Mr. Aditya Bansal, Advs. All petitioners in person.
Through: Ms. Kiran Bairwa, APP
Nagar, District Shahdara.
Mr. Chander Mohan, Mr. Ajay Kapur, Advs. 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. 86/2024, dated 10.04.2024, registered at P.S Krishna Nagar, District Shahdara, Delhi under Sections 454/380/411/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, on 31.01.2024 petitioners committed theft at the home of respondent no. 2 by petitioners and stole valuables of Rs. 5.[8] lakh inclusive of cash, gold rings, chains, and silver jewellery. Upon confronting petitioner no. 1 returned two stolen gold rings. Chargesheet has since been filed under sections 454/380/411/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi and executed a Settlement dated 04.07.2025. In view of the aforesaid settlement, petitioners have paid the total settlement amount of Rs. 4,10,000/- (Rupees Four Lacs Ten Thousand only) to respondent no. 2. Copy of the Settlement dated 04.07.2025 has been annexed as Annexure A-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 Nitin Meena, from PS Krishna Nagar.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has received the entire settlement amount and has no objection if the FIR No. 86/2024 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. 86/2024 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 subject to petitioners depositing an amount of Rs. 10,000/- each in Rangla Punjab Society [Account No. 005801022987] within a period of one month.
10. The petition is allowed, and the FIR No. 86/2024, dated 10.04.2024, registered at P.S Krishna Nagar, District Shahdara, Delhi under section 454/380/411/34 IPC 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.