Delhi High Court
Niraj Kumar Anr vs State Nct Of Delhi Anr on 20 May, 2025
$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.05.2025
,,,,,,,,,,
+ CRL M.C. 3306/2025 & CRL.M.A. 14546/2025 (exemption),
CRL.M.A. 14547/2025 (stay)
NIRAJ KUMAR AND ANR .....Petitioners
Through: Mr. Abhay Kumar and Mr.
Karan Chopra, Advs.
P1 and P2 through VC.
versus
STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Sanjay Dahiya,
PS-Mehrauli.
Mr. Shagun Ruhil, Adv. for R2.
R2 through VC.
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, 2023, seeking quashing of FIR No. 0408/2018,
dated 05.07.2018, registered at P.S Mehrauli under sections 75/79 of
JJ Act and all proceedings emanating therefrom on the basis of
settlement between the parties.
2. The Respondent No.2 (aged 14-15 years) was the domestic help
of the Petitioners and was allegedly beaten and mistreated by the
Petitioners. An activist namely Bhawna Dubey of Butterflies Child
Line found the Respondent No.2 near Qutub Minar and thereafter,
Bhawna Dubey took the Respondent No.2 to PS Mehrauli wherein the
statement was recorded. Consequently, the aforesaid FIR No.
0408/2018 was registered against the Petitioners. The charge sheet
was filed under sections 75/79 of JJ Act against the Petitioners. The
Child Welfare Committee vide judgment dated 24.07.2018 directed
the Petitioner No.2 to pay Rs 2,26,322/- as back wages to the
Respondent No.2 under Minimum wages Act. The Ld. JMFC-05,
Saket Courts vide order on charge dated 04.03.2025 framed charges
against the Petitioners.
3. During the proceedings, the parties amicably resolved their
disputes and tendered their statements before the Joint Registrar. The
Respondent no.2 also gave her No Objection Certificate (NOC)
agreeing for quashing of the aforesaid FIR against the Petitioners. No
Settlement Deed was executed between the parties.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of both the parties and passed the following
orders:-
"09.05.2025
1. The present non contentious petition has been filed by the
petitioners under Section 528 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 for quashing of the FIR NO. 408/2018 Under
Sections 75/79 Juvenile Justice Act, 2015 registered at P.S.
Mehrauli on the basis of settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioners and
R-2 has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioners stated
that dispute between them and R-2 has been amicably settled as per
the settlement. The settlement has been arrived at between the
parties herein without any force, coercion, undue influence and
pressure. They have signed the settlement deed with their wish and
will. Vide separate statement recorded in this behalf, R-2 stated that
dispute between R-2 and petitioners has been amicably settled as
per the settlement. The settlement has been arrived at between the
parties herein without any force, coercion, undue influence and
pressure.
4. Investigating Officer is present in Court and has duly verified the
identity of both the parties. Separate statement of Investigating
Officer has also been recorded.
5. The parties along with their counsels have confirmed that the
settlement has been duly entered into between them.
6. Learned counsel for State/APP enters appearance and accepts
notice. He submits that in view of the statement recorded, let the
matter be placed before the Hon'ble Court.
7. I have heard both the parties and from the direct dialogue with
both the parties, it is observed that the consent of both the parties is
found to be genuine and has not been obtained under undue
influence or pressure.
8. In view of the above, matter be placed before the Hon'ble Court
on 20.05.2025."
5. Petitioner no.1 & 2 and Respondent no.2 have entered
appearance through VC while advocates for petitioner and
respondents are physically present before this Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Sanjay Dahiya from PS-Mehrauli.
6. Respondent No.2 confirms that the matter has been settled with
the Petitioners without any force, fear, coercion and she has no
objection if the FIR No. 0408/2018 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. 0408/2018 alongwith charge sheet 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. 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. 0408/2018, dated 05.07.2018,
registered at P.S Mehrauli under sections 75/79 of JJ Act alongwith
charge sheet and all the other consequential proceeding emanating
therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No.
0408/2018, dated 05.07.2018, registered at P.S Mehrauli under
sections 75/79 of JJ Act alongwith charge sheet and all the other
consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
MAY 20, 2025/AK
