Full Text
HIGH COURT OF DELHI
Date of Decision: 12.08.2025 ,,,,,,,,,, CRL.M.C. 3815/2025 & CRL.M.A. 16716/2025 (exemption)
SASAN KUMAR .....Petitioner
Through: Mr. Rohit Sharma, Adv. Petitioner in person.
Through: Mr. Hitesh Vali, APP
Rajeev Kumar and SI Rajesh Kumar, P.S.Najafgarh.
Mr. Linoy Varghese, Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR no. 0286/2017, dated 06.09.2017, under sections 354/354(D)/341/509 IPC registered at PS Najafgarh and subsequent proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations in the FIR, on 05.09.2017, respondent no.2 received multiple calls from an unknown number and the caller extended filthy abuses to her. On the same day, at about 9:00 PM, petitioner stopped respondent no.2 and while molesting her, asked her to sit in his vehicle. Respondent no.2 raised an alarm upon which public gathered at the spot. Later, she lodged an FIR bearing NO. 0286/2017 under Sections 354/354(A)/354(D)/341/506/509 IPC.
3. It has been submitted that an FIR under Section 17/2023 under Section 325/341 IPC was registered at P.S.Uttam Nagar, in which respondent no.2 is one of the accused persons. It has been further submitted that during the pendency of the present case, the parties have amicably resolved their disputes and executed a Settlement Deed dated 26.05.2022 which is Annexure P-4. It is submitted that case FIR No. 17/2013 stands compounded in terms of the mediation settlement dated 26.05.2022.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Rajesh Kumar from PS Nazafgarh.
5. Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and she has no objection if the FIR no. 0286/2017 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. 0286/2017 alongwith charge sheet 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. 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. 0286/2017, dated 06.09.2017, under sections 354/354(D)/341/509 IPC registered at PS Najafgarh and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR NO. 0286/2017, dated 06.09.2017, under sections 354/354(D)/341/509 IPC registered at PS Najafgarh alongwith charge sheet all the other consequential proceeding emanating therefrom is hereby quashed subject to the petitioner depositing cost of Rs.20,000/- with the Delhi State Legal Services Authority (DSLSA) within a period of one 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