Jatin Dagar & Ors. v. The State Govt. of NCT of Delhi & Anr.

Delhi High Court · 09 Jul 2025 · 2025:DHC:5411
Ravinder Dudeja
CRL.M.C. 1256/2025
2025:DHC:5411
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 110/3(5) BNS following an amicable settlement between parties, relying on the principle that continuation of criminal proceedings would be unfair and an abuse of process.

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CRL.M.C. 1256/2025
HIGH COURT OF DELHI
Date of Decision: 09.07.2025 ,,,,,,,,,, CRL.M.C. 1256/2025 & CRL.M.A. 5632/2025 EXEMPTION
FROM FILING CERTIFIED COPIES ETC.
JATIN DAGAR& ORS. .....Petitioners
Through: Mr. Roshan Kumar & Mr. Sushant, Advs. along
WITH
all petitioners in person.
VERSUS
THE STATE GOVT. OF
NCT OF DELHI &ANR. ….Respondents
Through: Mr. Aman Usman, APP for the State
WITH
SI Gaurav, PS
Jaffarpur Kalan.
Mr. Vikrant Malik, 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, 2023, seeking quashing ofFIR No. 0145/2024, dated 11.11.2024, registered at P.S Jaffarpur Kalan under section110/3(5) BNS and all proceedings emanating therefrom on the basis of settlement between the parties.

2. On 10.11.2024, the Respondent No.2 was physically assaulted by a group of boys including the Petitioners who beat the Respondent No.2 with sticks, resulting in a head injury and a fractured arm. The Respondent No.2 was later taken to the hospital and his MLC was conducted. Thereafter, the Respondent No.2 lodged the aforesaid FIRagainst the Petitioners.The Petitioner No.1 lodged a cross FIR NO. 0144/2024at P.S Jaffarpur Kalan under sections 110/3(5) BNSagainst the Respondent No.2.

3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 10.02.2025. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the Settlement Agreement have been fulfilled. The copy of Settlement Deed dated 10.02.2025has been placed on record as Annexure P-5.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Gaurav from PS Jaffarpur Kalan.

5. Respondent No.2 confirms that the matter has been settled with the petitionerswithout any force, fear, coercion and he has no objection if the FIR No. 0145/2024is 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. 0145/2024is quashed.

7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Courthas 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. 0145/2024, dated 11.11.2024, registered at P.S Jaffarpur Kalan under section 110/3(5).

9. In the interest of justice, the petition is allowed, and the FIR NO. 0145/2024, dated 11.11.2024, registered at P.S Jaffarpur Kalan under section 110/3(5) BNS.

10. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J JULY 09, 2025