Delhi High Court
Shyambabu@Shaymu And Ors vs State (Govt Of Nct Delhi) on 14 July, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14.07.2025
,,,,,,,,,,
+ CRL.M.C. 8076/2024
SHYAM BABU @ SHYAMU& ORS. .....Petitioners
Through: Ms. Aatika, Adv.
Petitioners in person.
versus
STATE(GOVT OF NCT DELHI) &ANR. ... Respondents
Through: Mr. Satinder Singh Bawa, APP
for the State with SI Satish
Kumar and ASI Mahesh,
P.S.Mangolpuri.
Mr. Aman Giri, Adv. for R-2.
R-2 is present through vc.
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the BharatiyaNagarik
Suraksha Sanhita, 2023, seeking quashing ofFIR No. 346/2019, dated
30.09.2019, registered at P.S Mangolpuri under sections
323/354/509/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. On 21.03.2019, Petitioner No. 2 held Respondent No.2's hand
and when she objected to the same, Petitioner No. 2 slapped her
thereby prompting her to slap him back. Thereafter Petitioner No. 1
verbally abused her, pulled her dupatta and threw it away. In
pursuance to the same, Petitioner No. 3 also arrived and abused
Respondent No. 2 leading to a physical altercation between the parties.
Residents from the nearby slum intervened and gave beatings to
Petitioner Nos. 1-3. Thereafter, Respondent No.2 lodged an FIR No.
346/2019, dated 30.09.2019, at P.S Mangolpuri under sections
323/354/509/34 IPCagainst Petitioner Nos.1-3. Charge sheet has been
filed under sections 323/354/509/34 IPC against the petitioners.
3. During the pendency of the proceedings, the parties have
amicably resolved their disputes and executed a Memorandum of
Understanding dated 18.09.2024. The copy of Memorandum of
Understanding dated 09.09.2024has been placed on record as
Annexure B.
4. Petitioners nos. 1 to 3 are physically present before the Court
while respondent no.2 has entered their appearance through VC. They
have been identified by their respective counsels as well as by the
Investigating Officer SI Satish Kumar and ASI Mahesh from PS
Mangolpuri
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. 346/2019 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. 346/2019is quashed.
7. 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."
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. 346/2019, dated 30.09.2019,
registered at P.S Mangolpuri under sections 323/354/509/34 IPC and
all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
346/2019, dated 30.09.2019, registered at P.S Mangolpuri under
sections 323/354/509/34 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed subject to the
petitioners depositing Rs.5000/- each as cost of proceedings with
Delhi Legal Services Authority within a period of 30 days.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 14, 2025
SK
