Delhi High Court
Sheru Gupta And Ors vs State Nct Of Delhi And Ors on 30 July, 2025
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.07.2025
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+ CRL.M.C. 5076/2025
SHERU GUPTA AND ORS. .....Petitioners
Through: Petitioners in person.
versus
STATE NCT OF DELHI AND ORS . ... Respondents
Through: Mr. Yudhvir Singh Chauhan,
APP with SI Shankar, PS-
Swaroop Nagar.
Respondent Nos. 2 and 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, seeking quashing of FIR No. 222/2016, dated
21.05.2016, registered at P.S Swaroop Nagar, Delhi under Sections
323/506/34 IPC and all proceedings emanating therefrom on the basis
of settlement between the parties.
2. As per averments made in the FIR, on 21.05.2016, petitioners
physically assaulted Respondents No. 2 and 3 after being confronted
about threatening sister's son of Respondents No. 2 and 3 at her
residence. Subsequently, FIR No. 222/2016, dated 21.05.2016 was
lodged at instance of Respondent No. 2 at P.S Swaroop Nagar, Delhi
under section 323/506/34 IPC. Chargesheet has already been filed and
charges have since been framed under Sections 323/326/506/34 IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and Respondents have given their No Objection
Affidavit dated 08.05.2025. The copy of the No Objection Affidavit
dated 08.05.2025 has been placed on record 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 SI Shankar, from PS Swaroop Nagar.
5. Respondents confirms that the matter has been amicably settled
with the petitioners without any force, fear and coercion and if the FIR
No. 222/2016 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. 222/2016 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. 222/2016, dated 21.05.2016,
registered at P.S Swaroop Nagar, Delhi under section 323/506/34 IPC
and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
222/2016, dated 21.05.2016, registered at P.S Swaroop Nagar, Delhi
under section 323/506/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed, subject to
petitioners depositing Rs. 5,000/- each before Delhi State Legal
Services Authority (DSLSA) within one month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 30, 2025
SK
