Delhi High Court
Ashutosh And Others vs State Of N.C.T. Of Delhi And Others on 17 July, 2025
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.07.2025
,,,,,,,,,,
+ W.P.(CRL) 2191/2025 & CRL.M.A. 20425/2025
ASHUTOSH AND OTHERS
.....Petitioners
Through: Mr. Faiz Imam, Advocate.
Petitioners in person.
versus
STATE OF N.C.T. OF DELHI AND OTHERS... Respondents
Through: Mr. Sanjay Lao, Standing
Counsel with Mr. Abhinav
Arya, Mr. Priyam Agarwal, Mr.
Aryan Sachdeva, Advocates.
ASI Neeraj Kumar, PS-Tigri
South.
Respondents in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 0249/2025, dated 04.05.2025, registered
at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5) BNS and all
proceedings emanating therefrom on the basis of settlement between
the parties.
2. As per allegations in FIR, on 30/04/2025 Respondent No. 3 was
working outside their house when Petitioner No. 1 allegedly made
obscene gestures towards her upon which Respondent No. 3
complained to Petitioner No. 6, pursuant to which Petitioner Nos. 2-5
grabbed Respondent No. 3, threw her to the ground, and assaulted her.
When Respondent No. 2 tried to intervene, he was also beaten by
Petitioner Nos. 1-3. FIR No. 0249/2025, dated 04.05.2025, was
registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5)
BNS. Learned APP appearing for the State, states that chargesheet has
since been filed under Sections 115(2)/117(2)/126(2)/74/76/3(5) BNS,
2023.
3. It is submitted that parties have amicably resolved their disputes
and executed a No-Objection Certificate (NOC)/ Affidavit dated
04.07.2025. The copy of No-Objection Certificate (NOC)/ Affidavit
dated 04.07.2025 has been placed on record as Annexure P-2.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Neeraj Kumar, from PS Tigri.
5. Respondents confirm that the matter has been amicably settled
with the petitioners without any force, fear, coercion and he has no
objection if the FIR No. 0249/2025 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. 0249/2025 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. 0249/2025, dated 04.05.2025,
registered at P.S Tigri, Delhi under sections 115(2)/126(2)/74/3(5)
BNS and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0249/2025, dated 04.05.2025, registered at P.S Tigri, Delhi under
sections 115(2)/126(2)/74/3(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
JULY 17, 2025
SK
