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HIGH COURT OF DELHI
Date of Decision: 14.07.2025
PARDEEP DANGI .....Petitioner
Through: Mr. Roshan Lal Saini, Ms. Kavita Saini and Ms. Shivangi Kumari, Advs. along
Through: Mr. Satish Kumar, APP for State along
Ms. Jwala Singh, Adv. for R-2 along
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
3. The present petition has been filed by the petitioner, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 429/2015 dated 24.06.2015 for the offences punishable under Sections 25(54)/27/59 of the Arms Act, 1959 and Section 506 of the Indian Penal Code, 1860 (“IPC”), registered at Police Station Rajinder Nagar (“subject FIR”) and all the consequential proceedings arising therefrom.
4. The learned counsel for the petitioner submits that on 24.06.2015, while the respondent no. 2 had parked his car near Art of Spice, Rajender Nagar, the petitioner approached him and began hurling abuses. The petitioner went to his own car, retrieved a pistollike object, and used it to intimidate the respondent no. 2, leading to the registration of the subject FIR and filing of litigations by the respondent no. 2.
5. The learned counsel submits that, in the meanwhile, during the pendency of the litigation between the parties, they filed joint application for settlement before the Court of learned Judicial Magistrate First Class-03, Central District, Tis Hazari Courts, Delhi, wherein, they have arrived at an amicably and voluntary resolution of their disputes arising out of the said accident and that no further dispute subsists in relation thereto. He submits that Charge has only been framed under Section 506(2) of the IPC and not under the Arms Act and the present petition has now been filed seeking quashing of the offence under Section 506(2) of the IPC.
6. 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, a Settlement dated 03.06.2025 has been arrived at between the petitioner and the respondent no. 2. Moreover, the parties have undertaken that there is no other litigation emanating out of the said incident, is pending before any other Judicial fora.
7. Pursuant to the said settlement, the parties appeared before this Court, the Investigating Officer has duly identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.
8. The respondent no. 2, who is present before this Court, has filed a fresh affidavit. Same is taken on record. Upon being queried, he confirms that the said settlement, has been entered out of his free will, without any coercion, force or undue influence. He further state that due to some misunderstanding and miscommunication, the present FIR was lodged against the petitioner and he does not wish to pursue the same any further against the petitioner. He further states that no other litigation is pending between the parties and has no objection if the subject FIR and all consequential proceedings arising therefrom 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 Settlement dated 03.06.2025, the subject FIR bearing No. 429/2015 dated 24.06.2015 for the offences punishable under Sections 25(54)/27/59 of the Arms Act, 1959 and Section 506 of the IPC, registered at Police Station Rajinder Nagar and all consequential proceedings emanating therefrom, are hereby quashed.
13. The present petition is, accordingly, disposed of, in the aforesaid terms.
SHALINDER KAUR, J JULY 14, 2025/ss/kp