Delhi High Court
Subhash Chander & Anr vs State (Nct Of Delhi) & Ors on 23 July, 2025
$~98
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.07.2025
+ CRL.M.C. 4021/2025
SUBHASH CHANDER AND ANR. .....Petitioners
Through: Ms. Anshu Priyanka, Adv.
Petitioner no.2 is present in
person.
versus
STATE (NCT OF DELHI) AND ORS. ... Respondents
Through: Mr. Satinder Singh Bawa, APP
with WSI Suman Lata,
P.S.BHD Nagar.
R-2 to R-4 are present through
vc
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. The present petition has been filed under section 528 BNSS
seeking the quashing of the FIR no. 417/2024 registered on
07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das
Nagar and all the proceedings emanating therefrom.
2. The FIR reveals the commission of offence under Section 75,
351(2), and 79(3)(5) of the BNS. Both parties are stated to be
neighbours. During the pendency of the proceedings, both the parties
entered into a settlement/compromise dated 28.03.2025 and amicably
settled their disputes. A copy of the settlement deed/MOU has been
placed on record which is annexed as Annexure P3.
3. Petitioner no.2 is physically present in Court while respondent
nos. 2 to 4 are present through VC. They have been identified by their
respective counsels as well as by the Investigating Officer SI WSI
Suman Lata from PS BHD Nagar.
4. Respondent No.2, 3 and 4 confirms that the matter has
been amicably settled with the petitioners without any force, fear,
coercion and has no objection if the FIR no. 417/2024 registered on
07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari Das
Nagar is quashed against the Petitioners.
5. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR no. 417/2024 registered on 07.12.2024 under sections
75/351(2)/79/3(5) BNS at PS Hari Das Nagar is quashed.
6. In Gian Singh vs State of Punjab (2012) 10 SCC 303, 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."
7. 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. 417/2024 registered
on 07.12.2024 under sections 75/351(2)/79/3(5) BNS at PS Hari
Das Nagar and all the other consequential proceeding emanating
therefrom.
8. In the interest of justice, the petition is allowed, and FIR
no. 417/2024 registered on 07.12.2024 under sections
75/351(2)/79/3(5) BNS at PS Hari Das Nagar and all the other
consequential proceeding emanating therefrom is hereby quashed
subject to petitioners depositing cost of Rs.10,000/- each before
the Delhi District Legal Services Authority within one month.
9. Petition is allowed and disposed of accordingly.
10. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 23, 2025/na
