Vimlesh Andhiwal and Ors. v. State of NCT of Delhi and Anr.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0718/2015, dated 20.10.2015, registered at P.S Paharganj under sections 420/468/471/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. The matter revolves around a property dispute which has been going on since long time. The Respondent No.2 lodged the aforesaid FIR against the petitioner. The charge sheet was filed under sections 468/471/120B IPC.

3. During the proceedings, the parties have amicably resolved their disputes and executed a Compromise/Settlement Deed dated 25.02.2025. It is submitted that all the previous complaints and litigations initiated by the parties have been withdrawn and all conditions of the Settlement Agreement including the payment of the total settlement amount of Rs. 12,50,000/- (Rupees twelve lacs fifty thousand) to the Respondent No.2 have been fulfilled as per the schedule mentioned in the Settlement Deed. The copy of Compromise/Settlement Deed dated 25.02.2025 has been placed on record as Annexure P-3.

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “14.05.2025 In order to ascertain the genuineness & veracity of the settlement, today, statement of respondent no. 2; and joint statement of petitioner nos. 2 & 3 has been recorded. On behalf of other petitioners, the statement of their counsel has been recorded. One Mr. Manish Dev Seth is also a party to a cumulative settlement entered into between the parties. Therefore, it is expedient that in order to bring a total legal quietus to all the litigations between the parties, the statement of Mr. Manish Seth be also recorded. Accordingly put up for recording of statement of Mr. Manish Seth on 2nd July, 2025. Date given as per convenience of parties as Manish Seth is stated to be out of India at present. Re-notify on 02nd July, 2025.”

5. Petitioners are physically present before the Court while respondent no.2 has entered their appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Dharmendra Kumar, P.S.Paharganj.

6. Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and he has received the total settlement amount of Rs. 12,50,000/- (Rupees twelve lacs fifty thousand) from the Petitioners as per the schedule mentioned in the Compromise/Settlement Deed dated 25.02.2025. He further submits that he has no objection if the FIR No. 0718/2015 is quashed against the petitioners.

7. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0718/2015 is quashed.

8. 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:-

9. 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. 0718/2015, dated 20.10.2015, registered at P.S Paharganj under sections 420/468/471/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and FIR NO. 0718/2015, dated 20.10.2015, registered at P.S Paharganj under sections 420/468/471/34 IPC alongwith charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

11. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J JULY 02, 2025