Full Text
HIGH COURT OF DELHI
Date of Decision: 02.07.2025 ,,,,,,,,,, CRL.M.C 4195/2025 & CRL.M.A. 18312/2025 EXEMPTION
SONI AND ORS. .....Petitioners
Through: Ms. Razia, Adv. Petitioners in person.
Through: Ms. Shubhi Gupta, APP for the State
Mr. Salman Sheikh, Adv. for R- 2.
R-2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. The present petition is filed under Section 482 Cr.P.C. (Old Act) / Section 528 BNSS (New Act) for quashing of FIR NO. 411/2024 registered under Sections 115(2)/333/3(5) BNS (Sec 323/ 452/34 of IPC) at Police Station Kanjhawala, Delhi.
2. The complainant, Krishna, alleged that on 17.09.2024 around 8:00 PM, during a domestic argument with her husband regarding his suspected affair with their neighbour’s wife, their neighbours— Mehruddin, his wife Soni, their sons Vivek and Karan, his brother Bhola, and Bhola's wife Sabina, forcefully entered her house and assaulted her, her daughter-in-law Asha, and her son Jitendra. She claimed that when she stepped outside to call her elder son, Soni and Sabina again assaulted her, and her son Jitendra was physically attacked by Bhola, Vivek, and Karan. Based on her statement, medical reports, and spot verification, an FIR No. 411/2024 under Sections 115(2)/333/3(5) of the BNS was registered at PS Kanjhawala, Delhi.
3. During the proceedings, the parties amicably resolved their disputes and executed a Compromise/Settlement Deed dated 25.04.2025. The parties amicably settled all disputes through mutual intervention, and the first party raised no objection to quashing of the FIR. Both agreed to be bound by the terms, with no claims left and liberty to seek legal remedy if breached. The copy of the Compromise/Settlement Deed dated 25.04.2025 has been annexed as annexure C.
4. Petitioners and respondent no.2are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Pardeep, P.S.Kanjhawala.
5. Respondent No.2 has confirmed 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. 411/2024 registered under Sections 115(2)/333/3(5) BNS (Sec 323/ 452/34 of IPC) at Police Station Kanjhawala, Delhiis quashed against the petitioners.
6. In view of the settlement dated 25.04.2025 between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 411/2024 registered under Sections 115(2)/333/3(5) BNS (Sec 323/ 452/34 of IPC) at Police Station Kanjhawala, Delhiis 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:-
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. 411/2024 registered under Sections 115(2)/333/3(5) BNS (Sec 323/ 452/34 of IPC) at Police Station Kanjhawala, Delhiand all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR NO. 411/2024 registered under Sections 115(2)/333/3(5) BNS (Sec 323/ 452/34 of IPC) at Police Station Kanjhawala, Delhiand 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 02, 2025