Delhi High Court
Ameen vs The State And Anr on 22 May, 2025
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.05.2025
+ CRL.M.C. 3352/2025 & CRL.M.A. 14758/2025 DELAY 13
DAYS IN RE-FILING OF PETITION
AMEEN .....Petitioner
Through: Mr. Mohd Imran, Advocate along
with petitioner in person.
versus
THE STATE AND ANR. ...Respondents
Through: Mr. Hitesh Vali, APP for State with SI
Urvashi, P.S.Sonia Vihar.
Mr. Sikander, Advocate for R-2 along
with Respondent No.2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeks quashing of FIR NO. 293/2023 Under
Sections 323/354(B)/506/509 of the Indian Penal Code registered at
P.S. Sonia Vihar, and all proceedings arising therefrom pursuant to a
settlement between the parties.
2. The FIR under Sections 323/354(B)/506/509 IPC has been
registered at the instance of the complainant wherein she alleged that
her brother-in-law misbehaved with her, beat her and torn her clothes.
The matter is still under investigation and chargesheet has not been
filed as yet.
3. During the pendency of the proceedings, the parties amicably
settled the matter through a compromise/MOU dated 15.03.2025.
The MOU/compromise deed dated 15.03.2025 has been placed on
record and is annexed as Annexure P2
4. Both the parties were presented before the JR on 13.05.2025,
for recording their statements, which reads as follows;
"13.05.2025
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.
293/2023 Under Sections 323/354(B)/506/509 of the Indian
Penal Code registered at P.S. Sonia Vihar on the basis of
settlement arrived at between the parties.
2. As per the submissions, the matter between the petitioner
and R-2 has been amicably settled.
3. Vide separate statement recorded in this behalf, petitioner
stated that dispute between him and R-2 has been amicably
settled as per the settlement deed dated 15.03.2025. The
settlement has been arrived at between the parties herein
without any force, coercion, undue influence and pressure. He
has signed the settlement deed with his wish and will. Vide
separate statement recorded in this behalf, R-2 stated that
dispute between R-2 and petitioner has been amicably settled
as per the settlement deed dated 15.03.2025. The settlement
has been arrived at between the parties herein without any
force, coercion, undue influence and pressure. The settlement
deed has been signed with wish and will.
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 deed 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. The compromise/settlement deed is in writing and has been
duly signed by both the parties. 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 22.05.2025."
5. Petitioner and respondent No.2 have entered their appearance
through VC. They have been identified by their respective counsels as
well as by the Investigating Officer SI Urvashi from PS Sonia Vihar.
6. Respondent No. 2 submits that the matter has been amicably
settled with the Petitioners without any force, fear, or coercion. She
has no objection to the terms and conditions mentioned in the
Compromise/Settlement Deed dated 15.03.2025 and further submits
that she has no objection if FIR NO. 293/2023 Under Sections
323/354(B)/506/509 of the Indian Penal Code registered at P.S. Sonia
Vihar along with all pending proceedings arising therefrom, 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 FIR
NO. 293/2023 Under Sections 323/354(B)/506/509 of the Indian Penal
Code registered at P.S. Sonia Vihar along with pending proceeding 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. 293/2023 Under Sections
323/354(B)/506/509 of the Indian Penal Code registered at P.S. Sonia
Vihar and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
293/2023 Under Sections 323/354(B)/506/509 of the Indian Penal
Code registered at P.S. Sonia Vihar, along with 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 22, 2025/rk
