Nitin & Ors. v. State (NCT of Delhi) & Anr.

1. The present petition has been filed by the petitioners, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 422/2021 dated 25.08.2021, for offences punishable under Sections 354-B/323 of the Indian Penal Code, 1860, registered at police station Baba Haridas Nagar, Delhi and all consequential proceedings arising therefrom.

2. The learned counsel for the petitioners submits that pursuant to a verbal altercation leading to a scuffle due to dispute pertaining to the land distribution issue, the respondent no. 2 registered the subject FIR and filed litigations against the petitioners.

3. It is submitted that with with the intervention of family members, relatives, and mutual acquaintances, the parties have arrived at an amicable and voluntary resolution of all disputes persisting between them vide Memorandum of Understanding (MoU) dated 21.04.2025 and no further dispute persist between them.

4. The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereof, the MoU dated 21.04.2025 has been duly executed between the petitioners and the respondent no. 2. It is further submitted that, in terms of the said Settlement, the respondent no. 2 has agreed to co-operate with the petitioners to get the subject FIR quashed, qua the petitioners. Moreover, the parties have undertaken that there is no other case, emanating out of the said incident, is pending before any other Judicial fora. The Settlement Agreement dated 21.04.2025 outlining the terms of settlement has been placed on record.

5. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 19.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in her statement before the Joint Registrar (Judicial), has stated therein, that an amicable settlement has been arrived between the parties and he has no objection if the subject FIR and all the proceedings emanating therefrom, qua the petitioner, are quashed.

6. Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

7. The respondent no. 2, who is present in court, upon being queried, submits that the present FIR was lodged in the heat of the moment and due to certain misunderstandings. She further submits that the petitioners are her close relatives and with the assistance of the elders and well wishers, all the disputes between her and the petitioners have been settled and she does not wish to pursue the present proceedings arising from the subject FIR, any further.

8. She further confirms that he has entered into the said MoU out of her free will, without any coercion, force or undue influence and that she has withdrawn the litigations filed by her before different Judicial fora and no other litigation stands pending between the parties. Furthermore, she has no objection if the subject FIR and all consequential proceedings arising therefrom, qua the petitioner, are quashed.

9. In view of the foregoing, the learned counsel for the parties, jointly prayed for quashing of the subject FIR.

10. The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

11. In view of these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this Court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

12. In conspectus of the above facts and the Memorandum of Understanding dated 21.04.2025, the subject FIR No. 422/2021 dated 25.08.2021, for offences punishable under Sections 354-B/323 of the Indian Penal Code, 1860, registered at police station Baba Haridas Nagar, Delhi and all consequential proceedings emanating therefrom, qua the petitioner, are hereby quashed.

13. The present petition along with pending applications are, accordingly, disposed of, in the aforesaid terms.