Rohit Chaudhary & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 12 Aug 2025 · 2025:DHC:6786
Ravinder Dudeja
CRL.M.C. 1466/2025
2025:DHC:6786
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 420, 120B, 467, 468, and 34 IPC based on an amicable settlement between parties, emphasizing the court's power under Section 528 BNSS to prevent abuse of process and serve the interest of justice.

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CRL.M.C. 1466/2025
HIGH COURT OF DELHI
Date of Decision: 12.08.2025
CRL.M.C. 1466/2025 & CRL.M.A. 6555/2025 STAY, CRL.M.A. 6557/2025 DELAY IN RE-FILING OF PETITION.
ROHIT CHAUDHARY & ORS. .....Petitioners
Through: Mr. Viraj R. Datar, Sr. Adv.
WITH
Mr. Srikant Singh & Mr. Saurav Joon, Advs.
Petitioners are present through vc
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Yudhvir Singh Chauhan, APP
WITH
SI G.N.Tiwari, P.S.EOW
R-2 is present through vc
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. The present petition has been filed under section 528 BNSS seeking the quashing of the FIR NO. 143/2020 Under Sections 420/120B/467/468/34 of the Indian Penal Code registered at P.S. EOW and all the proceedings emanating therefrom.

2. Chargesheet has not been filed till date. However, the learned APP, under instructions from the Investigating Officer, states that no evidence of murder has been found in this case as the cause of death was natural on account of Schizophrenia.

3. Learned senior counsel appearing for the petitioners submits that during the pendency of the proceedings both parties have entered into an amicable settlement/compromise and MOU in this regard has been placed on record which is Annexure P-3.

4. Petitioners and respondent no.2 have entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI G.N.Tiwari from PS EOW.

5. Respondent no.2 appearing through video-conferencing states that the FIR No. 143/2020 was lodged out of misunderstanding and confirms that matter has been amicable settled with the petitioners voluntarily and without any fear, pressure, force or coercion and she has no objection if FIR No. 143/2020 under Sections 420/120B/467/468/34 IPC registered at P.S.EOW 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. 143/2020 Under Sections 420/120B/467/468/34 of the Indian Penal Code registered at P.S. EOW is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, 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. 143/2020 Under Sections 420/120B/467/468/34 of the Indian Penal Code registered at P.S. EOW and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 143/2020 Under Sections 420/120B/467/468/34 of the Indian Penal Code registered at P.S. EOW and all the other consequential proceeding emanating therefrom is hereby quashed subject to the petitioners depositing cost of Rs.10,000/- each with Delhi High Court Advocates’ Welfare Fund Fund [Account NO. 15530110179338], maintained with UCO Bank, Delhi High Court branch, within 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