Prashant Pareek v. State Govt. of NCT of Delhi & Anr.

Delhi High Court · 30 May 2025 · 2025:DHC:4736
Ravinder Dudeja
W.P.(CRL) 348/2025
2025:DHC:4736
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 509 IPC based on a genuine and voluntary settlement between the parties, applying Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Supreme Court precedent.

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W.P.(CRL) 348/2025
HIGH COURT OF DELHI
Date of Decision: 30.05.2025 ,,,,,,,,,, W.P.(CRL) 348/2025 & & CRL.M.A. 2984/2025, CRL.M.A.
2985/2025 PRASHANT PAREEK .....Petitioner
Through: Mr. Anubhav Mehrotra and Mr. Sanjeev Malik, Advs.
WITH
along
WITH
petitioner.
VERSUS
STATE GOVT. OF NCT OF
DELHI & ANR. … Respondents
Through: Mr. Sanjeev Bhandari, ASC
WITH
SI Beena, PS-IGI Airport.
Mr. RAna Kunal, 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. 370/2024 dated 29.05.2024, Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airport and all proceedings emanating therefrom on the basis of settlement between the parties.

2. On 28.05.2024, the complainant/Respondent no. 2, while flying from Indore to Delhi on flight no. 91928, alleged that co-passenger Prashant Pareek stared at her persistently, causing discomfort. She submitted a written complaint to the police upon landing. Based on the complaint, FIR under Section 509 IPC was registered on 29.05.2024 at PS IGI Airport.

3. During the proceedings, the parties have amicably resolved their disputes and executed a Settlement Agreement dated 16.12.2024 with the help of well wishers. The copy of Settlement Agreement dated 16.12.2024has been placed on record as Annexure B.

4. The matter was placed before the Joint Registrar on 22.05.2025, who has recorded the statements of both the parties and passed the following orders:- “22.05.2025

1. The present non contentious petition has been filed by the petitioner under Section 528 of the BhartiyaNagarikSurakshaSanita, 2023 for quashing of the FIR NO. 370/2024 Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airport on the basis of settlement arrived at between the parties.

2. As per the submissions, the matter between the petitioner and R- 2 has been amicably settled.

3. Vide separate statement recorded in this behalf, petitioner stated that dispute between him and R-2 has been amicably settled as per the settlement deed dated 16.12.2024. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. He has signed the settlement deed with his wish and will. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicably settled as per the settlement deed dated 16.12.2024. The settlement has been arrived at between the parties herein without any force, coercion,undue influence and pressure. The settlement deed has been signed with wish and will.

4. Investigating Officer is present in Court and has duly verified the identity of both the parties. Separate statement of Investigating Officer has also been recorded.

5. The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

6. Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court.

7. The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.

8. In view of the above, matter be placed before the Hon'ble Court on 30.05.2025.”

5. Parties are physically present before the Court with respective advocates. They have been identified by their respective counsels as well as by the Investigating Officer SI Beena from PS IGI Airport.

6. Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and she further submits that she has no objection if the FIR No. 370/2024 dated 29.05.2024, Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airportis 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. 370/2024 dated 29.05.2024, Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airport along with charge sheet is quashed.

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8. 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."

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. 370/2024 dated 29.05.2024, Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airportalong with all the other consequential proceeding emanating therefrom.

10. In the interest of justice, the petition is allowed, and FIR NO. 370/2024 dated 29.05.2024, Under Sections 509 of the Indian Penal Code registered at P.S. IGI Airport along with 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 MAY 30, 2025