Ashok Kumar & Ors. v. The State (NCT) of Delhi & Anr.

Delhi High Court · 07 Aug 2025 · 2025:DHC:6569
Ravinder Dudeja
CRL.M.C. 2033/2025
2025:DHC:6569
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 354B, and 34 IPC following an amicable settlement between parties, relying on the Supreme Court's Gian Singh precedent and Section 528 BNSS.

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CRL.M.C. 2033/2025
HIGH COURT OF DELHI
Date of Decision: 07.08.2025
CRL.M.C. 2033/2025 & CRL.M.A. 9179/2025 EXEMPTION
ASHOK KUMAR & ORS. .....Petitioners
Through: Ms. Garima Mudgal and Mr. Vinay Mudgal, Advocates
WITH
petitioners in person.
VERSUS
THE STATE (NCT) OF DELHI & ANR. … Respondents
Through: Mr. Hitesh Vali, APP.
Mr. Dewal Singh, Ms. Renu Bala, Mr. Sumit Kumar, Mr. Pulkit Singh, Mr. Chalsi Singh, Advocates for R-2.
Respondents in person.
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. 202/2021 Under Sections 323/354B/34 of the Indian Penal Code registered at P.S. Samaypur Badli and all the proceedings emanating therefrom.

2. As per allegations made in the FIR, respondent No. 3 gave slaps and pulled the chunni of the complainant and threw the same in the street, and thereafter, respondent Nos. 1 and 2 had beaten up her husband. FIR was lodged on the complaint made by the complainant under Sections 323/354B/34 IPC. Chargesheet has since been filed under Sections 323/354B/34 IPC.

3. It has been submitted that a cross FIR No. 207/2021, Police Station Samay Pur Badli was registered at the instance of wife of petitioner No. 1 and that both parties have now entered into a settlement vide MoU/compromise deed dated 11,03.2024, copy of which is annexed as Annexure C.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer, from PS Samaypur Badli.

5. Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and has no objection if the FIR NO. 202/2021 Under Sections 323/354B/34 of the Indian Penal Code registered at P.S. Samaypur Badli 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. 202/2021 Under Sections 323/354B/34 of the Indian Penal Code registered at P.S. Samaypur Badli 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. 202/2021 Under Sections 323/354B/34 of the Indian Penal Code registered at P.S. Samaypur Badli and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 202/2021 Under Sections 323/354B/34 of the Indian Penal Code registered at P.S. Samaypur Badli and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioners depositing Rs. 5,000/- each with Delhi High Court Advocates Welfare Fund 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 07, 2025