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HIGH COURT OF DELHI
Date of Decision: 28.07.2025
AVEK RAJ & ORS ......Petitioners
Through: Mr. Rahul Sharma, Mr. Deepak Ghai, Mr. Radhey Shyam, Mr. Rishabh Khari & Mr. Kartik Malhotra, Advs. along
Through: Mr. Yudhvir Singh Chauhan, APP
Mr. Hariom Arora, Adv. for R- 2 along
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 432/2017, dated 03.12.2017,registered at P.S Moti Nagar, Delhi under Sections 354(A)/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, on 30.11.2017, Respondent No. 2 alleged that she was called to 16/25 Moti Nagar, petitioners verbally abused, physically assaulted, and threatened to kill her upon her refusal to pay money. She further alleged that petitioners restrained and molested her. Subsequently, FIR No. 432/2017, dated 03.12.2017 was registered at instance of Respondent No. 2 at P.S Moti Nagar, Delhi under section 354(A)/506/34 IPC. Chargesheet has since been filed under sections 341/354/354(A)/506/509/34 IPC against the petitioners.
3. During the course of proceedings, the parties have amicably resolved their disputes and Respondent No. 2 has placed on record her no objection certificate/Affidavit dated 22.07.2025 in support of the same.
4. Both parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Loveleen, from PS Moti Nagar.
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. 432/2017 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. 432/2017 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. 432/2017, dated 03.12.2017, registered at P.S Moti Nagar, Delhi under section 354(A)/506/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 432/2017, dated 03.12.2017, registered at P.S Moti Nagar, Delhi under section 354(A)/506/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioners depositing cost of Rs. 5,000/- each with Delhi Legal Services Authority 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 JULY 28, 2025