Sunita Devi & Anr. v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 21 Jul 2025 · 2025:DHC:5843
Ravinder Dudeja
CRL.M.C. 4776/2025
2025:DHC:5843
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 289 and 337 IPC based on an amicable settlement between the parties, reaffirming the principle that criminal proceedings can be quashed when continuing them would be unjust or an abuse of process.

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CRL.M.C. 4776/2025
HIGH COURT OF DELHI
Date of Decision: 21.07.2025 ,,,,,,,,,, CRL.M.C. 4776/2025
SUNITA DEVI & ANR. .....Petitioners
Through: Mr. Amit Kumar, Mr. Vinod Kumar & Ms. Siddhi Jain, Advs. along
WITH
petitioners in person
VERSUS
THE STATE (GOVT. OF NCT OF DELHI) & ANR
… Respondents
Through: Mr. Satinder Singh Bawa, APP for the State
WITH
SI K. P.
Singh, PS New Ashok Nagar Mr. Jay Kumar, Mr. Nikhil Sharma, Ms. Garima Sharma, Advs. for R-2 along
WITH
R-2 in person.
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. 294/2022, dated 11.03.2022, registered at P.S New Ashok Nagar, Delhi under Sections 289/337 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per the FIR, Respondent No. 2 alleged that on 09.03.2022, Petitioner No. 1 (Mother in Law) and Petitioner No. 2 (Aunt in Law) deliberately unleashed their pet dog on her, causing dog bite injury. Thereafter, Respondent No. 2 filed FIR No. 294/2022, dated 11.03.2022, at P.S New Ashok Nagar, Delhi under section 289/337 IPC.

3. During the proceedings, the parties amicably resolved their disputes and Petitioner No. 1’s son executed a Settlement Agreement dated 29.05.2025 with Respondent No. 2. In pursuance of the settlement Petitioner No. 1’s son and Respondent No. 2 agreed to dissolve their marriage by mutual consent. It is submitted that son of Petitioner No. 1 has paid an amount of Rs. 10,00,000/- (Rupees ten lacs only) to Respondent No. 2 as per the schedule mentioned in the Settlement Deed. It is also agreed that balance amount of Rs. 10,00,000/- (Rupees ten lacs only) would be paid at the time of second motion and Respondent No. 2 would hand over the house keys and would not make any future claims. The copy of Settlement Agreement dated 29.05.2025 has been placed on record as Annexure P-3.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI K. P. Singh, from PS New Ashok Nagar, Delhi.

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. 294/2022 is quashed against the Petitioner.

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. 294/2022 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 quiet us to the dispute, no useful purpose will be served in continuing with the present FIR No. 294/2022, dated 11.03.2022, registered at P.S New Ashok Nagar, Delhi under section 289/337 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 294/2022, dated 11.03.2022, registered at P.S New Ashok Nagar, Delhi under section 289/337 IPC 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 JULY 21, 2025