[Cites 10, Cited by 0]
Delhi High Court
Gautam Anand & Anr vs State Of Nct Of Delhi & Ors on 4 December, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.12.2025
,,,,,,,,,,
+ CRL.M.C. 1554/2025 & CRL.M.A. 6961/2025 STAY,
CRL.M.A. 6962/2025 EXEMPTION FROM FILING
CERTIFIED COPIES ETC.
GAUTAM ANAND & ANR. .....Petitioners
Through: Mr. Adv. (appearance not
given)
versus
STATE OF NCT DELHI & ORS.
... Respondents
Through: Mr. Nawal Kishore Jha, APP
with SI Mukesh, PS Rajauri
Garden.
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. 728/2018, dated
04.12.2018, registered at P.S Rajouri Garden, Delhi under Sections
323/354(A)/509/34 IPC and all proceedings emanating therefrom on
the basis of settlement between the parties.
2. Amended Memo of parties filed which is taken on record.
3. As per averments made in the FIR, petitioners physically and
verbally assaulted respondents including inappropriate touching and
physical assault. Chargesheet has since been filed under sections
323/354/354(A)/509/34 IPC against the petitioners.
4. During the course of proceedings, the parties amicably resolved
their disputes and terms of settlement were reduced in the form of
Memorandum of Understanding dated 26.11.2024, copy of which has
been annexed as Annexure A-4. It is submitted by the Ld. Counsel for
the petitioners that a cross FIR No. 727/2018 under sections
323/354/427/452/506/34 IPC between the same parties has since been
quashed by the coordinate bench of this court in CRL.M.C. 1614/2025
vide order dated 30.04.2025
5. All parties are physically present before the Court. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Mukesh, from PS Rajauri Garden.
6. Respondents confirm that the matter has been amicably settled
with the petitioners without any force, fear, coercion and they have no
objection if the FIR No. 728/2018 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. 728/2018 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:-
"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. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
10. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
11. The petition is allowed, and the FIR No. 728/2018, dated
04.12.2018, registered at P.S Rajouri Garden, Delhi under section
323/354(A)/509/34 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed subject to petitioners
depositing cost of Rs. 10,000/- with DHCBA Cost Account, bearing
account no. 15530110179338, maintained with UCO Bank, within a
period of one month.
12. Petition is allowed and disposed of accordingly.
13. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
December 04, 2025
SK
