Subhash Chander and Anr. v. State (NCT of Delhi) and Ors.

Delhi High Court · 23 Jul 2025 · 2025:DHC:5932

Ravinder Dudeja

CRL.M.C. 4021/2025

2025:DHC:5932

criminal petition_allowed Significant

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The Delhi High Court quashed an FIR and all related proceedings under BNSS based on a voluntary amicable settlement between neighbors, applying the principle that continuation of criminal proceedings would be an abuse of process and contrary to justice.

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CRL.M.C. 4021/2025
HIGH COURT OF DELHI
Date of Decision: 23.07.2025

CRL.M.C. 4021/2025
SUBHASH CHANDER AND ANR. .....Petitioners
Through: Ms. Anshu Priyanka, Adv. Petitioner no.2 is present in person.

VERSUS

STATE (NCT OF DELHI) AND ORS. … Respondents
Through: Mr. Satinder Singh Bawa, APP

WITH

WSI Suman Lata, P.S.BHD Nagar.
R-2 to R-4 are 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. 417/2024 registered on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das Nagar and all the proceedings emanating therefrom.

2. The FIR reveals the commission of offence under Section 75, 351(2), and 79(3)(5) of the BNS. Both parties are stated to be neighbours. During the pendency of the proceedings, both the parties entered into a settlement/compromise dated 28.03.2025 and amicably settled their disputes. A copy of the settlement deed/MOU has been placed on record which is annexed as Annexure P[3].

3. Petitioner no.2 is physically present in Court while respondent nos. 2 to 4 are present through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI WSI Suman Lata from PS BHD Nagar.

4. Respondent No.2, 3 and 4 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and has no objection if the FIR no. 417/2024 registered on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das Nagar is quashed against the Petitioners.

5. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR no. 417/2024 registered on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das Nagar is quashed.

6. 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."

7. 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. 417/2024 registered on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das Nagar and all the other consequential proceeding emanating therefrom.

8. In the interest of justice, the petition is allowed, and FIR no. 417/2024 registered on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das Nagar and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioners depositing cost of Rs.10,000/- each before the Delhi District Legal Services Authority within one month.

9. Petition is allowed and disposed of accordingly.

10. Pending application(s), if any, also stand disposed of.

RAVINDER DUDEJA, J JULY 23, 2025

Subhash Chander and Anr. v. State (NCT of Delhi) and Ors.

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