Preetam Thakur & Anr. v. State of NCT of Delhi & Anr.

Delhi High Court · 11 Aug 2025 · 2025:DHC:6706
Ravinder Dudeja
W.P.(CRL)1707/2025
2025:DHC:6706
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR and all proceedings under Section 528 BNS based on an amicable settlement between the parties, applying the principle that continuation of criminal proceedings would be an abuse of process of law.

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W.P.(CRL)1707/2025
HIGH COURT OF DELHI
Date of Decision: 11.08.2025 ,,,,,,,,,, W.P.(CRL) 1707/2025 & & CRL.M.A. 15931/2025 SEEKING
EXEMPTION FROM FILING CERTIFIED COPIES PREETAM THAKUR & ANR. .....Petitioners
Through: Mr. Manish Gupta, Mr. Amit Thakur, Mr. Manoj Kumar, Ms. Sabiya, Advs.
VERSUS
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel for the State & Mr. Abhinav Arya, Mr. Aryan Sachdeva, Advs.
WITH
SI
Manish, PS Budh Vihar
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. 63/2025, dated 31.01.2025, registered at P.S Budh Vihar, Rohini, Delhi under Sections 333/ 115(2)/ 126/ 74/ 351/ 79/ 3(5) BNS (452/ 323/ 339/ 357/ 503/ 509/ 34 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 30.01.2025 Respondent No. 2 and her relatives were subjected to physical assault and abuses by petitioners who forcibly entered her house and threatened them with a pistol. She further alleged that Petitioner No. 1 molested her and even harmed her brother’s 1.[5] month old baby. Subsequently, FIR No. 63/2025 was lodged at the instance of Respondent No. 2 at PS Budh Vihar, Rohini, Delhi under section 333/115(2)/126/74/351/79/3(5) BNS against the petitioners. In response to the aforesaid FIR, Petitioner No. 2 also lodged an FIR NO. 62/2025 at PS Budh Vihar, Rohini on 31.01.2025 under section 333/115(2)/126/74/351/79/3(5) BNS against Respondent No. 2.

3. During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 24.04.2025 (Attested on 02.05.2025). Copy of the Settlement Deed dated 24.04.2025 has been annexed as Annexure P-4.

4. Petitioner No. 1 and Respondent No. 2 are physically present before the Court while Petitioner No. 2 has entered her appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Manish, from PS Budh Vihar.

5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 63/2025 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. 63/2025 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. 63/2025, dated 31.01.2025, registered at P.S Budh Vihar, Rohini, Delhi under section 333/115(2)/126/74/351/79/3(5) BNS and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 63/2025, dated 31.01.2025, registered at P.S Budh Vihar, Rohini, Delhi under section 333/115(2)/126/74/351/79/3(5) 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 11, 2025