Ravi Kant Jain v. The State (Govt of NCT of Delhi) & Anr

Delhi High Court · 10 Jul 2025 · 2025:DHC:5453
Ravinder Dudeja
CRL.M.C. 4499/2025
2025:DHC:5453
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under sections 354, 506, 509, and 34 IPC based on an amicable settlement between the parties and the victim's no-objection, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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CRL.M.C. 4499/2025
HIGH COURT OF DELHI
Date of Decision: 10.07.2025 ,,,,,,,,,, CRL.M.C.4499/2025
RAVI KANT JAIN .....Petitioner
Through: Mr. Mahesh Tiwari and Mr. Umesh Prasad, Advs. along
WITH
the petitioner in person
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ANR. ....Respondents
Through: Mr. Aman Usman, APP for the State
WITH
SI Amit Kumar, PS-
Badarpur.
Mr. Ravi Kant Kaushal, Adv. for R2 along
WITH
R2 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, 2023, seeking quashing of FIR No. 371/2017, dated 24.10.2017, registered at PS Badarpur under sections 354/506/509/34 IPC and subsequent proceedings emanating therefrom on the basis of settlement between the parties.

2. A dispute arose between the parties due to parking of cars wherein Respondent No.2 alleged that the petitioner apart from damaging her car also tried to hit her, abused her and her family and thereafter also threatened the Respondent No.2. Thereafter, Respondent No.2 lodged the aforesaid FIR against Petitioner. The charge sheet was filed under sections 354/506/509/34 IPC.

3. During the proceedings, the parties amicably resolved their disputes. A Certificate of Settlement was drafted by the counsel for the petitioner and signed by the counsel of the Respondent No.2 on her behalf. The copy of Certificate of Settlement dated 15.05.2025 has been placed on record. The Respondent No.2 has tendered her No Objection by an affidavit in this regard.

4. Both parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Amit, from PS Badarpur.

5. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion. She further submits that she has no objection if the FIR No. 371/2017 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. 371/2017 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 complaint FIR No. 371/2017, dated 24.10.2017, registered at PS Badarpur under sections 354/506/509/34 IPC and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and FIR NO. 371/2017, dated 24.10.2017, registered at PS Badarpur under sections 354/506/509/34 IPC 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 10, 2025