Anil Kumar v. State of NCT of Delhi & Anr.

Delhi High Court · 18 Aug 2025 · 2025:DHC:6951
Ravinder Dudeja
CRL.M.C.2355/2025
2025:DHC:6951
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR and all proceedings under Sections 79/351(2) BNS based on an amicable settlement between the parties, applying the principle that continuation of criminal proceedings would be unjust and an abuse of process.

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CRL.M.C.2355/2025
HIGH COURT OF DELHI
Date of Decision: 18.08.2025 ,,,,,,,,,, CRL.M.C. 2355/2025 & CRL.M.A. 10590/2025 EXEMPTION
ANIL KUMAR .....Petitioner
Through: Mr. Amit Poonia, Adv. Petitioner in person.
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Yudhvir Singh Chauhan, APP
WITH
PSI Pooja, P.S.NIA.
Mr. Harsh Bhardwaj, Adv. for R-2.
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. 961/2024, dated 20.10.2024, registered at P.S. Narela Industrial Area, Delhi under Sections 79/351(2) BNS (509/506 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per the allegations made by the complainant in the FIR, SI Anil Kumar (Petitioner herein) to whom she met in connection with her case against her husband before Women Cell, has been misbehaving and FIR No. 961/2024 was accordingly lodged at the instance of respondent no. 2 at P.S. Narela Industrial Area under Section 79/351(2) of BNS.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 12.03.2025 (attested on 24.03.2025). In view of the aforesaid settlement, both parties have agreed to put an end to the present dispute. Copy of the Memorandum of Understanding dated 12.03.2025 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 PSI Pooja from PS Narela Industrial Area.

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. 961/2024 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. 961/2024 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:-

"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. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 961/2024, dated 20.10.2024, registered at P.S Narela Industrial Area, Delhi under section 79/351(2) BNS and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 961/2024, dated 20.10.2024, registered at P.S Narela Industrial Area, Delhi under section 79/351(2) BNS and all the other consequential proceeding emanating therefrom is hereby quashed.

10. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J August 18, 2025