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HIGH COURT OF DELHI
Date of Decision: 19.09.2025 ,,,,,,,,,, CRL.M.C. 6733/2025 & CRL.M.A. 28319/2025 EXEMPTION
SANJAY KUMAR & ANR. .....Petitioners
Through: Mr. Vishal Sharrma, Adv. Petitioners in person.
Through: Ms. Kiran Bairwa, APP
Damini, P.G.Cell.
Mr. Karan Dua, Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 273/2024, dated 06.05.2024, registered at P.S Vikaspuri, Delhi under Sections 509/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, on 27.08.2023 a scuffle occurred between petitioners and respondent no. 2/complainant wherein she was subjected to threats of stripping her publicly and abuses. FIR No. 273/2024 was lodged at instance of respondent no. 2 at PS Vikaspuri against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and respondent no. 2’s son and petitioner no. 2 executed a Memorandum of Understanding/Settlement Deed dated 22.10.2024. In view of the aforesaid settlement, respondent no. 2’s son and petitioner no. 2 have obtained divorce by way of mutual consent on 05.03.2025. It is submitted that respondent no. 2’s son has paid Rs.10,00,000/- (Rupees Ten Lacs) out of the total settlement amount of Rs. 14,00,000/- (Rupees Fourteen Lacs only) to petitioner no. 2 and balance amount of Rs.4,00,000/- (Rupees Four Lacs) would be paid at the time of quashing of FIR No. 273/2024 under Section 498A IPC. It is further submitted that the custody of the child is with respondent NO. 2 with no visitation rights to the father. Copy of the Memorandum of Understanding/Settlement Deed dated 22.10.2024 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 Deepika from PS Vikaspuri.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and her son has given the entire settlement amount and has no objection if the FIR No. 273/2024 is quashed against the petitioners.
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. 273/2024 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. 273/2024, dated 06.05.2024, registered at P.S Vikaspuri, Delhi under section 509/506/34 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.