Delhi High Court
Abdul vs The State & Anr. & Ors on 27 May, 2025
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 27.05.2025
+ CRL.M.C. 3581/2025
ABDUL .....Petitioner
Through: Ms. Suruchi Yadav and Mr.
Rajiv Ranjan Mishra, Advs.
Petitioner is present in person.
versus
THE STATE & ANR. & ORS. .....Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Manisha,
P.S.Punjabi Bagh.
Mr. Arun Sharma, Adv. for R-2
with R-2 in person. (through vc)
CORAM:
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 15768/2025 EXEMPTION
Allowed, subject to all just exceptions.
The application stands disposed of.
1. This petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 seeks quashing of FIR NO. 365/2022 Under
Sections 354/354A of the Indian Penal Code registered at P.S. Punjabi
Bagh, and all proceedings arising therefrom pursuant to a settlement
between the parties.
2. On 06.05.2022, an e-rickshaw driver entered the victim's house
and molested her by undressing and touching her inappropriately. She
could save herself when her brother knocked on the door. FIR No.
365/2022 under Sections 354/354A IPC was registered based on her
complaint and medical examination.
3. During the pendency of the proceedings, the parties amicably
resolved their disputes through a compromise/MOU dated
23.04.2025. Pursuant to this settlement, both parties agreed to
mutually resolve all outstanding issues, and the said
MOU/compromise deed has been placed on record as Annexure P2.
4. Both the parties were presented before the JR on 21.05.2025,
for recording their statements, which reads as follows:
"21.05.2025
1. The present non contentious petition has been filed by the
petitioners under Section 528 of the Bhartiya Nagarik Suraksha
Sanita, 2023 for quashing of the FIR NO. 365/2022 Under Sections
354/354 (A) OF IPC, registered at P.S. PUNJABI BAGH 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 23.04.2025. 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 23.04.2025. 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 27.05.2025."
5. Petitioner is physically present before the Court while
respondent no.2 has entered their appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Manisha, from PS Punjabi Bagh.
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 23.04.2025 and further submits
that she has no objection if FIR NO. 365/2022 Under Sections
354/354A of the Indian Penal Code registered at P.S. Punjabi
Bagh, 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. 365/2022 Under Sections 354/354A of the Indian Penal Code
registered at P.S. Punjabi Bagh alongwith 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 FIR NO. 365/2022 Under Sections 354/354A of
the Indian Penal Code registered at P.S. Punjabi Bagh and all the
other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR NO.
365/2022 Under Sections 354/354A of the Indian Penal Code
registered at P.S. Punjabi Bagh, and all 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 27, 2025/na
