Pranav Basoya v. State of Delhi & Ors.

Delhi High Court · 12 Aug 2025 · 2025:DHC:6762
Ravinder Dudeja
CRL.M.C.5502/2025
2025:DHC:6762
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR and related criminal proceedings under Sections 509, 323, and 506 IPC based on an amicable settlement between the parties, applying the principle that continuation of proceedings would be unfair and an abuse of process.

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CRL.M.C.5502/2025
HIGH COURT OF DELHI
Date of Decision: 12.08.2025 ,,,,,,,,,, CRL.M.C. 5502/2025 & CRL.M.A. 23541/2025
PRANAV BASOYA .....Petitioner
Through: Mr. Ishwar Singh, Mr. Karan Singh, Advocates.
Petitioner in person.
VERSUS
STATE OF DELHI & ORS. … Respondents
Through: Mr. Hitesh Vali, APP
WITH
SI Kavita Bhardwaj, PS- Shalimar
Bagh.
Respondent Nos. 2 and 3 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. 327/2016, dated 27.04.2016, registered at P.S Shalimar Bagh, Delhi under Sections 509/323/506 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. Both parties are neighbors. As per averments made in the FIR,on 26.04.2016, Respondents were subjected to physical assault with spade, threats and abuse by petitioner. She further alleged that she was also subjected to inappropriate touching of breast by petitioner. Chargesheet has since been filed under section 509/323/506/354/354A/354B IPC against the petitioner.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 04.08.2025. Copy of the Memorandum of Understanding dated 04.08.2025 has been annexed as Annexure P-3.

4. Petitioner is physically present before the Court while Respondent Nos. 2 and 3 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Kavita Bhardwaj, from PS Shalimar Bagh

5. Respondents state that they were neighbourers at the time of occurrence and confirm that now the matter has been amicably settled with the petitioner without any force, fear, coercion and they have no objection if the FIR No. 327/2016 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. 327/2016 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. 327/2016, dated 27.04.2016, registered at P.S Shalimar Bagh, Delhi under section 509/323/506 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 327/2016, dated 27.04.2016, registered at P.S Shalimar Bagh, Delhi under section 509/323/506 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 10,000/- as cost with Delhi High Court Advocates Welfare Fund [Account No. 15530110179338], maintained with UCO Bank, Delhi High Court branch, within a month.

10. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J August 12, 2025