Full Text
HIGH COURT OF DELHI
Date of Decision: 25.08.2025 ,,,,,,,,,, CRL.M.C.5858/2025 & CRL.M.A. 25034/2025 EXEMPTION
MOHD AKEEL .....Petitioner
Through: Mr. Noor Alam, Advs. Petitioner in person.
Through: Mr. Yudhvir Singh Chauhan, APP
Seelmapur.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 217/2025, dated 08.07.2025, registered at P.S Seelampur, Delhi under Section 306 BNS (Section 381 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, Respondent No. 2 alleged petitioner, a former employee of stealing and unlawful retention of his company’s tally accounting data and password diary. He further submits that petitioner demanded money from him in exchange for returning the data and diary. FIR was lodged at instance of respondent no. 2 under sections 306 BNS against the petitioner and subsequent to order dated 17.07.2025 passed by the ld. Sessions court, section 317(2) BNS (Section 411 IPC) and Sections 43/66/72 of IT Act were also invoked.
3. During the course of proceedings, the parties amicably resolved their disputes. In view of the aforesaid settlement, petitioner returned the data and password diary to respondent no. 2 and subsequently petitioner was granted anticipatory bail vide order dated 25.07.2025 by the ASJ, Special Judge (NDPS), North East, KKD Courts, Delhi in Bail Matter 572/2025.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Manoj Kumar, from PS Seelmapur.
5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has received the data and diary back and has no objection if the FIR NO. 217/2025 is quashed against the petitioner. He has further placed on record his no objection affidavit, copy of which has been annexed as Annexure F.
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. 217/2025 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:-
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. 217/2025, dated 08.07.2025, registered at P.S Seelampur, Delhi under section 306/317(2) BNS & Sections 43/66/72 IT Act and all the other consequential proceeding emanating therefrom is hereby quashed subject to cost of Rs. 10,000/- to be deposited by petitioner with Delhi State Legal Services Authority 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 25, 2025