Amit Singh v. State Govt. of NCT of Delhi

Delhi High Court · 11 Jul 2025 · 2025:DHC:5510
Shalinder Kaur
CRL.M.C. 1398/2025
2025:DHC:5510
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 323, 341, 506, and 34 IPC based on a voluntary amicable settlement between the parties, emphasizing the court's power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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CRL.M.C. 1398/2025
HIGH COURT OF DELHI
Date of Decision: 11.07.2025
CRL.M.C. 1398/2025
AMIT SINGH .....Petitioner
Through: Mr. Yogesh Kumar, Adv. for the petitioner along
WITH
petitioner.
VERSUS
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents
Through: Mr. Satish Kumar, APP
WITH
SI Shubham Singh, PS Naraina and ASI Niranjanlal.
Mr. Sandeep Singh Nainwal Adv. for the respondent no.2.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL)
CRL.M.A. 6211/2025 (Exemption)
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. 386/2019 dated 26.12.2019 for offences punishable under Sections 323/341/506/34 of the Indian Penal Code, 1860, registered at Police Station Naraina (“subject FIR”) and all the consequential proceedings arising therefrom, qua the petitioner.

4. The learned counsel for the petitioner submits that the respondent no. 2 and the petitioner are living in the same vicinity, however, on 25.12.2019, due to some a verbal alteration resulting into a scuffle led to registration of the subject FIR against the petitioner & a co-accused person and filing of litigations by respondent no. 2. He further submits that the petitioner has clean antecedents and the chargesheet in the subject FIR has been filed before the Trial Court.

5. He submits 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 and no further dispute persist between them.

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, the Settlement Deed dated 24.02.2025 has been duly executed between the petitioner 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 petitioner to get the subject FIR quashed qua the petitioner. 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 Deed dated 24.02.2025 outlining the terms of settlement has been placed on record.

7. Pursuant to this Settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 14.05.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his 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.

8. 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.

9. The respondent no. 2, who is present in court, upon being queried, confirms that he has entered into the said Mutual Compromise out of her free will, without any coercion, force or undue influence and that he has withdrawn the litigations filed by him before different Judicial fora and no other litigation stands pending between the parties. Furthermore, he has no objection if the subject FIR and all consequential proceedings arising therefrom, qua the petitioner, are quashed.

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

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

12. 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.

13. In conspectus of the above facts and the Settlement Deed dated 24.02.2025, the subject FIR bearing No. 386/2019 dated 26.12.2019 for offences punishable under Sections 323/341/506/34 of the Indian Penal Code, 1860, registered at Police Station Naraina and all consequential proceedings emanating therefrom, qua the petitioner, are hereby quashed.

14. The present petition is, accordingly, disposed of, in the aforesaid terms.