Delhi High Court
Ashok Kumar & Ors vs The State (Nct) Of Delhi & Anr on 7 August, 2025
$~79
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 07.08.2025
+ CRL.M.C. 2033/2025 & CRL.M.A. 9179/2025 EXEMPTION
ASHOK KUMAR & ORS. .....Petitioners
Through: Ms. Garima Mudgal and Mr.
Vinay Mudgal, Advocates with
petitioners in person.
versus
THE STATE (NCT) OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP.
Mr. Dewal Singh, Ms. Renu
Bala, Mr. Sumit Kumar, Mr.
Pulkit Singh, Mr. Chalsi Singh,
Advocates for R-2.
Respondents in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. The present petition has been filed under section 528 BNSS
seeking the quashing of the FIR NO. 202/2021 Under Sections
323/354B/34 of the Indian Penal Code registered at P.S. Samaypur
Badli and all the proceedings emanating therefrom.
2. As per allegations made in the FIR, respondent No. 3 gave slaps
and pulled the chunni of the complainant and threw the same in the
street, and thereafter, respondent Nos. 1 and 2 had beaten up her
husband. FIR was lodged on the complaint made by the complainant
under Sections 323/354B/34 IPC. Chargesheet has since been filed
under Sections 323/354B/34 IPC.
3. It has been submitted that a cross FIR No. 207/2021, Police
Station Samay Pur Badli was registered at the instance of wife of
petitioner No. 1 and that both parties have now entered into a
settlement vide MoU/compromise deed dated 11,03.2024, copy of
which is annexed as Annexure C.
4. Parties are physically present before the Court . They have been
identified by their respective counsels as well as by the Investigating
Officer, from PS Samaypur Badli.
5. Respondent No.2 confirms that the matter has
been amicably settled with the petitioners without any force, fear,
coercion and has no objection if the FIR NO. 202/2021 Under
Sections 323/354B/34 of the Indian Penal Code registered at P.S.
Samaypur Badli is 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. 202/2021 Under Sections 323/354B/34 of the Indian
Penal Code registered at P.S. Samaypur Badli is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, 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. 202/2021 Under
Sections 323/354B/34 of the Indian Penal Code registered at P.S.
Samaypur Badli and all the other consequential proceeding
emanating therefrom.
9. In the interest of justice, the petition is allowed, and FIR
NO. 202/2021 Under Sections 323/354B/34 of the Indian Penal
Code registered at P.S. Samaypur Badli and all the other
consequential proceeding emanating therefrom is hereby quashed
subject to petitioners depositing Rs. 5,000/- each with Delhi High
Court Advocates Welfare Fund within one month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
AUGUST 07, 2025/na
