Pankaj Pandey @ Ashutosh Pandey v. State of (NCT) of Delhi & Anr

Delhi High Court · 18 Jul 2025 · 2025:DHC:5779
Ravinder Dudeja
CRL.M.C. 2680/2025
2025:DHC:5779
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 354D and 506 IPC based on an amicable settlement between the parties, affirming the court's power to end criminal proceedings to prevent abuse of process.

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CRL.M.C. 2680/2025
HIGH COURT OF DELHI
Date of Decision: 18.07.2025
CRL.M.C. 2680/2025
PANKAJ PANDEY @ ASHUTOSH PANDEY.....Petitioners
Through: Mr. Sandeep Kr. Mishra, Adv. along
WITH
petitioner in person.
VERSUS
STATE OF (NCT) OF DELHI & ANR … Respondents
Through: Mr. Hitesh Vali, APP for the State
WITH
SI Sachin Kumar, PS
Amar Colony Mr. Suresh Chandra Sharma, Adv. 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. 522/2017, dated 14.11.2017, registered at P.S Amar Colony, Delhi under Sections 354D/506 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations in the FIR, petitioner used to harass respondent no. 2 and make phone calls using filthy language. He threatened to kill her and not allow her to get her married and also threatened to kill her husband too. He also used to call her would be husband from new numbers and threatened to kill her family. He also sent messages on the Facebook ID and SMS of respondent no. 2. Upon the complaint of respondent no. 2, FIR no. 522/2017 was registered under Section 354D/506 IPC PS Amar Colony. Chargesheet has since been filed under Section 354D/506/509 IPC against the petitioner.

3. The learned APP states that charges have been framed only under Section 354D/506 IPC.

4. During the proceedings, the parties amicably resolved their disputes and in view of the same, both parties have filed their respective affidavits dated 30.01.2025 and 01.02.2025.

5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Sachin Kumar from PS Amar Colony.

6. 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. 522/2017 is quashed against the Petitioner.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 522/2017 is quashed.

8. 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."

9. 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. 522/2017, dated 14.11.2017, registered at P.S Amar Colony, Delhi under section 354D/506/509 IPC and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and the FIR NO. 522/2017, dated 14.11.2017, registered at P.S Amar Colony, Delhi under section 354D/506/509 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioner depositing Rs. 5000/- as cost with Delhi State Legal Services Authority within one month.

11. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J JULY 18, 2025