Full Text
HIGH COURT OF DELHI
Date of Decision: 04.09.2025 ,,,,,,,,,, W.P.(CRL) 1571/2025 & CRL.M.A. 14689/2025 (exemption)
MANISH @ TITU BIDHURI .....Petitioner
Through: Ms. Jyoti Gupta, Ms. Sunita Singh, Advocates.
Petitioner in person.
Through: Mr. Sanjay Lao, Standing Counsel
Arya, Mr. Aryan Sachdeva, Advocates.
SI Ashish, PS-Kalindi Kunj, SI Sanjay, PS-Okhla Industrial
Area.
Mr. Aditya Chauhan, Advocate for R-2.
Respondent No. 2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 177/2025, dated 30.01.2025, registered at P.S Okhla Industrial Area, Delhi under Sections 281 BNS (279 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
2. Both parties are neighbours. As per allegations made in the FIR, On 26.01.2025 at around 4:00 AM, respondent no. 2’s parked Maruti Suzuki Breeza was severely damaged by a speeding Hyundai Verna (DL9CBC5104), allegedly driven by petitioner and accompanied by Sagar Bidhuri, who were drunk. FIR No. 177/2025 was lodged at instance of respondent no. 2 at PS Okhla Industrial Area, Delhi under section 281 BNS against the petitioner.
3. During the course of proceedings, the parties amicably resolved their disputes executed a Memorandum of Understanding 24.04.2025. In view of the aforesaid settlement, petitioner has paid the total settlement amount of Rs. 70,000/- (Rupees Seventy Thousand only) to respondent no. 2 as damages. Copy of the Memorandum of Understanding dated 24.04.2025 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 SI Sanjay, from PS Okhla Industrial Area.
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 entire settlement amount and has no objection if the FIR No. 177/2025 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. 177/2025 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. 177/2025, dated 30.01.2025, registered at P.S Okhla Industrial Area, Delhi under section 281 BNS (279 IPC) and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioner depositing cost of Rs. 10,000/- with Delhi High Court Advocates Welfare Trust [Account No. 15530210002995], within a period of one month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.