Delhi High Court
Mrs Rupinder Kaur & Anr vs State Govt Of Nct Of Delhi & Anr on 27 May, 2025
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27.05.2025
+ CRL.M.C. 3067/2025, CRL.M.A. 13607/2025, CRL.M.A.
13608/2025 & CRL.M.A. 13606/2025
MRS RUPINDER KAUR & ANR. .....Petitioners
Through: Mr. G.S. Narula, Advocate.
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondents
Through: Ms. Manjeet Arya, APP for State with
SI Ram Avtar.
Respondent No.2 in person through
video conferencing.
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT (ORAL)
1. The petitioners seek quashing of FIR No.128/2013 of PS Vasant
Vihar for offences under Section 420/471/467/468/120B/34 IPC. Learned
APP accepting notice submits on instructions of Investigating Officer/SI
Ram Avtar that offence under Section 174A IPC also was added in the FIR,
but the present petition does not cover the same.
CRL.M.C. 3067/2025 Page 1 of 4 pages
GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA
Date: 2025.05.27 14:10:41 +05'30'
2. The quashing of the FIR is sought solely on the ground of
compromise arrived at between the petitioners and the complainant de facto
(respondent no.2 herein).
3. As reflected from record, the petitioners did not appear before the
Joint Registrar for recording their statement and submitted there that they
apprehend arrest. Therefore, the matter was placed before this Court.
4. The complainant de facto (respondent no.2) appears through video
conferencing and strongly opposes quashing of the FIR. It is stated by the
complainant de facto (identified by Investigating Officer) that since the
petitioners did not comply with terms of the settlement, he is not agreeable
to quashing of this FIR.
5. Learned counsel for petitioners argues that in terms of settlement, the
respondent no.2 was bound to join the petitioners in getting the FIR
quashed. It is further submitted by learned counsel for petitioners that they
remained under impression that the case automatically stands closed. As
regards appearance before this Court, counsel for petitioners states that the
petitioners would appear provided they are protected from arrest.
6. Learned APP on instructions of the Investigating Officer discloses
that the petitioners have already absconded and declared proclaimed
offenders. Anticipatory bail applications of the petitioners are already
CRL.M.C. 3067/2025 Page 2 of 4 pages
GIRISH KATHPALIA KATHPALIA
Date: 2025.05.27 14:10:24 +05'30'
pending before the Court of Sessions.
7. In above circumstances, as is obvious, as on date there is no
settlement between the parties so far as the issue of quashing the FIR is
concerned and in view of the pendency of anticipatory bail applications of
the petitioners after they were declared proclaimed offenders, I find no
reason to extend any protection.
8. Therefore, I find it not a fit case to quash the FIR No.128/2013 of PS
Vasant Vihar for offences under Section 420/471/467/468/120B/34 IPC.
9. Learned counsel for petitioners requests that his request may be taken
on record for placing the matter before the Joint Registrar where the
petitioners shall appear and try to settle the matter. But that would be putting
cart before the horse. First, it is the parties who have to be clear that they
have compromised the disputes. Only thereafter, the matter can be
proceeded further. But here, what the petitioners want is that first the matter
be proceeded further and later they would make the complainant de facto
agree to the settlement. Besides, in such situations, it is not unprecedented
that the Court of Sessions dealing with bail applications is misguided by
stating that settlement issues are pending before the High Court. The fact
remains that as on date the complainant de facto is not ready for quashing
on the basis of settlement; and as mentioned above, apart from the ground of
CRL.M.C. 3067/2025 Page 3 of 4 pages
GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA
Date: 2025.05.27 14:10:02 +05'30'
settlement no other ground for quashing has been raised.
10. The petition is dismissed. Pending applications also stand disposed of.
GIRISH Digitally signed by GIRISH
KATHPALIA
KATHPALIA Date: 2025.05.27 14:09:14
+05'30'
GIRISH KATHPALIA
(JUDGE)
MAY 27, 2025/ry
CRL.M.C. 3067/2025 Page 4 of 4 pages
