Full Text
HIGH COURT OF DELHI
Date of Decision: 29.08.2025 ,,,,,,,,,, CRL.M.C. 6060/2025 & CRL.M.A. 25758/2025 EXEMPTION
RAJPAL BABLE & ORS. .....Petitioners
Through: Ms. Sunita Sharma, Adv.
Through: Mr. Hitesh Vali, APP
Nangloi.
R-2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 330/2018, dated 04.09.2018, registered at P.S Nangloi, Delhi under Sections 452/323/342/365/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per the allegations, petitioner Ajay alias Chiku and Vijay alias Bhunda forcibly entered the house of the respondent no. 2 and they alongwith Karna and Monu gave respondent no. 2 leg and fist blows and dragged him to the house of petitioner Rajpal alias Bable, where he was confined and again beaten up and threatened to be killed. Chargesheet has been filed against the petitioners under Section 452/323/342/365/506/34 IPC. As per the chargesheet no clue of the fifth accused Karna could be found and supplementary chargesheet would be filed once he is arrested.
3. During the course of proceedings, the parties amicably resolved their disputes. In view of the aforesaid settlement, petitioners have executed a Settlement Deed dated 19.12.2024. In view of the aforesaid parties both parties have agreed to end the present dispute. Copy of the Settlement Deed dated 19.12.2024 has been annexed as Annexure P-3.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sunder Singh from PS Nangloi.
5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 330/2018 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. 330/2018 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. 330/2018, dated 04.09.2018, registered at P.S Nangloi, Delhi under section 452/323/342/365/506/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed qua the present petitioners only subject to the cost of Rs. 10,000/- each to be deposited with the Delhi High Court Advocates Welfare Trust (Account No.: 15530210002995 IFSC code: UCBA0001553) within a period of one month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J August 29, 2025