Boby Singh v. State (Govt. of NCT of Delhi) & Anr.

Delhi High Court · 22 Sep 2025 · 2025:DHC:8430
Ravinder Dudeja
CRL.M.C. 6752/2025
2025:DHC:8430
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 354A IPC and related proceedings based on a voluntary amicable settlement between the parties, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C. 6752/2025
HIGH COURT OF DELHI
Date of Decision: 22.09.2025 ,,,,,,,,,, CRL.M.C. 6752/2025 & CRL.M.A. 28438/2025 STAY
BOBY SINGH .....Petitioner
Through: Mr. Prabhoo Dayal Tiwari, Mr. Surya Kumar, Advs. along
WITH
petitioner in person.
VERSUS
STATE(GOVT. OF NCT OF DELHI)&ANR.
… Respondents
Through: Ms. Kiran Bairwa, APP.
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 114/2017, dated 04.07.2017, registered at P.S Mandir Marg, Delhi under Sections354A IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations made in the FIR, petitioner exposed his private parts before respondent no. 2 while she was in her balcony. Chargesheet has since been filed under sections 294/509 IPC and charges have been framed under sections 294/354/354A/509 IPC against the petitioner.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Compromise Deed dated 12.08.2025. Copy of the Compromise Deed dated 12.08.2025 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 WSI Rajni, from PS Mandir Marg.

5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has no objection if the FIR No. 114/2017 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. 114/2017is 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:-

"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put 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 above-mentioned FIR and the proceedings pursuant thereto.

10. The petition is allowed, and the FIR No. 114/2017, dated 04.07.2017, registered at P.S Mandir Marg, Delhi under section 354A IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 10,000/- each with the Rangla Punjab Society [Account No. 005801022987], within a month.

11. Petition is allowed and disposed of accordingly.

12. Pending application(s), if any, also stand disposed of.