Full Text
HIGH COURT OF DELHI
Date of Decision: 22.09.2025 ,,,,,,,,,, W.P.(CRL) 2962/2025
RAKESH SINGH & ORS. ...Petitioners
Through: Mr. Vaibhav Tomar, Ms. Alka Singh, Advocates
Through: Mr. Sanjay Lao, Standing Counsel
SI Rahul, PS-Burari.
Mr. Jagdeep Vats, Ms. Kashish Vats, Mr. Vaibhav Tyagi, Mr. Parth Vats, Mr. Swapnil Dubey, Ms. Shivani Singh, Advocates for R-2 and 3.
R-2 and R-3 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. 745/2025, dated 13.08.2025, registered at P.S Burari, Delhi under Sections115(2)/329(4)/62/61(2)(a)/324(4)/351(2)/3(5) BNS (323/ 448/ 511/ 120B/ 427/506/34 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, petitioners/tenant physically assaulted and threatened respondents/landlordand his servant on account of petitioners defaulting in payment of 2 month’s rent, blocking the first-floor access and making unauthorized alterations in property bearing Khasra No. 795, extended Lal Dora Village, near Axis bank, Burari, Delhi -110084. FIR No. 745/2025 was lodged at instance of respondent no. 2 under sections 115(2)/ 329(4)/ 62/ 61(2)(a)/ 324(4)/ 351(2)/3(5) BNS against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and executed their terms of settlement in writing in a Memorandum of Understanding/Settlement dated 04.09.2025. In view of the aforesaid settlement, petitioners have vacated their possession from the aforementioned property belonging to respondent no. 2. Copy of the Memorandum of Understanding/Settlement dated 04.09.2025 has been annexed as Annexure B.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Rahul, from PS Burari.
5. Respondents confirm that the matter has been amicably settled with the petitioner without any force, fear, coercion and they have received the possession and have no objection if the FIR No. 745/2025 is quashed against the petitioner.
6. In view of the settlement between the parties, learned Standing Counsel appearing for the State, also has no objection if the present FIR No. 745/2025 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. 745/2025, dated 13.08.2025, registered at P.S Burari, Delhi under section 115(2)/329(4)/62/61(2)(a)/324(4)/351(2)/3(5) BNS and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 5,000/- 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.