Ramesh Chand Chopra v. The State & Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 155/2013, dated 05.04.2013, registered at P.S Hari Nagar, Delhi under Sections 448/380 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations made in the FIR, petitioner trespassed into her property by breaking locks and removing her goods. Chargesheet has since been filed under sections 448/380 IPC against the petitioner.

3. During the course of proceedings, the parties amicably resolved their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and executed a Settlement dated 25.02.2015 and a Modified Settlement Order dated 23.02.2016. It is submitted that petitioner has paid the total settlement of Rs. 9,00,000/- (Rupees Nine Lacs only) to respondent no. 2 as per the schedule in the settlement. Copy of the Settlement dated 25.02.2015 and Modified Settlement Order dated 23.02.2016 has been annexed as Annexure P-3 & P-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 Ritvij, from PS Hari Nagar.

5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has no objection if the FIR No. 155/2013 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. 155/2013 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:-

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 abovementioned FIR and the proceedings pursuant thereto.

10. The petition is allowed, and the FIR No. 155/2013, dated 05.04.2013, registered at P.S Hari Nagar, Delhi under section 448/380 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.