Delhi High Court
Preetam Thakur & Anr vs State Of Nct Of Delhi & Anr on 11 August, 2025
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 11.08.2025
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+ W.P.(CRL) 1707/2025 & & CRL.M.A. 15931/2025 SEEKING
EXEMPTION FROM FILING CERTIFIED COPIES
PREETAM THAKUR & ANR. .....Petitioners
Through: Mr. Manish Gupta, Mr. Amit
Thakur, Mr. Manoj Kumar, Ms.
Sabiya, Advs.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel for the State & Mr.
Abhinav Arya, Mr. Aryan
Sachdeva, Advs. with SI
Manish, PS Budh Vihar
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, seeking quashing of FIR No. 63/2025, dated
31.01.2025, registered at P.S Budh Vihar, Rohini, Delhi under
Sections 333/ 115(2)/ 126/ 74/ 351/ 79/ 3(5) BNS (452/ 323/ 339/ 357/
503/ 509/ 34 IPC) and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. Both parties are neighbors. As per averments made in the FIR,
on 30.01.2025 Respondent No. 2 and her relatives were subjected to
physical assault and abuses by petitioners who forcibly entered her
house and threatened them with a pistol. She further alleged that
Petitioner No. 1 molested her and even harmed her brother's 1.5
month old baby. Subsequently, FIR No. 63/2025 was lodged at the
instance of Respondent No. 2 at PS Budh Vihar, Rohini, Delhi under
section 333/115(2)/126/74/351/79/3(5) BNS against the petitioners. In
response to the aforesaid FIR, Petitioner No. 2 also lodged an FIR No.
62/2025 at PS Budh Vihar, Rohini on 31.01.2025 under section
333/115(2)/126/74/351/79/3(5) BNS against Respondent No. 2.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement Deed dated 24.04.2025
(Attested on 02.05.2025). Copy of the Settlement Deed dated
24.04.2025 has been annexed as Annexure P-4.
4. Petitioner No. 1 and Respondent No. 2 are physically present
before the Court while Petitioner No. 2 has entered her appearance
through VC. They have been identified by their respective counsels as
well as by the Investigating Officer SI Manish, from PS Budh Vihar.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 63/2025 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. 63/2025 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. 63/2025, dated 31.01.2025,
registered at P.S Budh Vihar, Rohini, Delhi under section
333/115(2)/126/74/351/79/3(5) BNS and all the other consequential
proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
63/2025, dated 31.01.2025, registered at P.S Budh Vihar, Rohini,
Delhi under section 333/115(2)/126/74/351/79/3(5) BNS and 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
August 11, 2025
SK
