Ashutosh and Others v. State of N.C.T. of Delhi and Others

Delhi High Court · 17 Jul 2025 · 2025:DHC:5709
Ravinder Dudeja
W.P.(CRL) 2191/2025
2025:DHC:5709
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties, reaffirming the court's power to end criminal cases in the interest of justice under Article 226 and Section 528 BNS.

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W.P.(CRL) 2191/2025
HIGH COURT OF DELHI
Date of Decision: 17.07.2025 ,,,,,,,,,, W.P.(CRL) 2191/2025 & CRL.M.A. 20425/2025
ASHUTOSH AND OTHERS .....Petitioners
Through: Mr. Faiz Imam, Advocate.
Petitioners in person.
VERSUS
STATE OF N.C.T. OF DELHI AND OTHERS… Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Mr. Abhinav Arya, Mr. Priyam Agarwal, Mr. Aryan Sachdeva, Advocates.
ASI Neeraj Kumar, PS-Tigri South.
Respondents in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT
(ORAL)
RAVINDER DUDEJA, J.

1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0249/2025, dated 04.05.2025, registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5) BNS and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per allegations in FIR, on 30/04/2025 Respondent No. 3 was working outside their house when Petitioner No. 1 allegedly made obscene gestures towards her upon which Respondent No. 3 complained to Petitioner No. 6, pursuant to which Petitioner Nos. 2-5 grabbed Respondent No. 3, threw her to the ground, and assaulted her. When Respondent No. 2 tried to intervene, he was also beaten by Petitioner Nos. 1-3. FIR No. 0249/2025, dated 04.05.2025, was registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5) BNS. Learned APP appearing for the State, states that chargesheet has since been filed under Sections 115(2)/117(2)/126(2)/74/76/3(5) BNS,

2023.

3. It is submitted that parties have amicably resolved their disputes and executed a No-Objection Certificate (NOC)/ Affidavit dated 04.07.2025. The copy of No-Objection Certificate (NOC)/ Affidavit dated 04.07.2025 has been placed on record as Annexure P-2.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Neeraj Kumar, from PS Tigri.

5. Respondents confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 0249/2025 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. 0249/2025 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 quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0249/2025, dated 04.05.2025, registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5) BNS and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 0249/2025, dated 04.05.2025, registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5) BNS 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 17, 2025