Rakesh Kumar v. The State of NCT of Delhi & Ors.

Delhi High Court · 04 Jul 2025 · 2025:DHC:5241
Ravinder Dudeja
CRL.M.C. 4276/2025
2025:DHC:5241
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR and all proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023, based on an amicable settlement between the parties, reaffirming the principle that criminal cases can be ended in the interest of justice when disputes are resolved voluntarily.

Full Text
Translation output
CRL.M.C. 4276/2025
HIGH COURT OF DELHI
Date of Decision: 04.07.2025 ,,,,,,,,,, CRL.M.C. 4276/2025
RAKESH KUMAR .....Petitioner
Through: Mr. Sahil Vij, Adv. Petitioner in person.
VERSUS
THE STATE OF NCT OF DELHI & ORS. … Respondents
Through: Mr. Satinder Singh Bawa, APP
WITH
SI Shri Krishan, P.S.Dwarka, North.
R-2 and R-3 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. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all proceedings emanating therefrom on the basis of settlement between the parties.

2. On 05.05.2025, a quarrel occurred between the Respondent No.2 and Petitioner when their cars collided causing a minor accident. The quarrel escalated by the Petitioner attacking the right eye of the Respondent No.2 by his car keys. Thereafter, Respondent No.3 lodged the aforesaid FIR against Petitioner.

3. During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 26.06.2025. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.1,25,000/- (Rupees one lac twenty five thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 26.06.2025 has been placed on record as Annexure P-2.

4. Petitioner, respondent no.2 and 3 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Shri Krishan from PS Dwarka, North.

5. Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and he has received the payment of the entire settlement amount of Rs. 1,25,000/- (Rupees one lac twenty five thousand) from the Petitioner as per the Settlement Deed. He further submits that he has no objection if the FIR NO. 0178/2025is quashed against the petitioner.

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. 0178/2025 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 FIR No. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all the other consequential proceeding emanating therefrom.

9. In the interest of justice, the petition is allowed, and the FIR NO. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all the other consequential proceeding emanating therefrom are hereby quashed.

10. Petition is allowed and disposed of accordingly.

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

RAVINDER DUDEJA, J JULY 04, 2025