Danish Ansari v. State (NCT of Delhi)

Delhi High Court · 08 Aug 2025 · 2025:DHC:6622
Ravinder Dudeja
CRL.M.C. 5388/2025
2025:DHC:6622
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 and no objection from the victim, applying the principle that continuation of criminal proceedings would be an abuse of process.

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CRL.M.C. 5388/2025
HIGH COURT OF DELHI
Date of Decision: 08.08.2025 ,,,,,,,,,, CRL.M.C. 5388/2025
DANISH ANSARI@DANISH ALI & ORS. ....Petitioners
Through: Mr. Rohit Mehra, Adv. Petitioners in person.
VERSUS
STATE (NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Hitesh Vali, APP
WITH
SI Harsh Kumar,P.S.Nabi Karim.
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. 357/2024, dated 10.10.2024, registered at P.S Nabi Karim, Delhi under Sections 115(2)/126(2)/351(3)/3(5) BNS (323/341/506/34 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations, the marriage between petitioner no.1 and respondent no.2 was solemnized on 18.12.2016 as per Muslim rites and ceremonies in Delhi, and a girl child was born out of the said wedlock on 06.10.2024. Petitioners had beaten the respondent no.2 and threatened her. Respondent no.2 started residing separately since after 06.10.2024.

3. It has been submitted by learned counsel for the petitioners that parties have now amicably resolved their disputed. Petitioner no.1 and respondent no.2 are now living together at the fourth floor in the same house. Respondent no.2 has executed an affidavit giving her no objection to the quashing of the FIR No. 0387/2024 under Sections 115(2)/126(2)/351(3)/3(5) BNS

4. Petitioners and respondent no.2 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Harsh Kumar from PS Nabi Karim.

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. 357/2024 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. 357/2024 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. 357/2024, dated 10.10.2024, registered at P.S Nabi Karim, Delhi under section 115(2)/126(2)/351(3)/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. 357/2024, dated 10.10.2024, registered at P.S Nabi Karim, Delhi under section 115(2)/126(2)/351(3)/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 08, 2025