Delhi High Court
Vikas Gupta & Anr vs The State Of Nct Of Delhi And Ors on 15 November, 2025
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15.11.2025
+ CRL.M.C. 6816/2025
VIKAS GUPTA & ANR. .....Petitioners
Through: Petitioners in person.
versus
THE STATE OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Satinder Singh Bawa, APP
with ASI Shankar Singh, PS
Tigri. Respondents in person.
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, seeking quashing of FIR No. 240/2025, dated
01.08.2025, registered at P.S Paschim Vihar, Delhi under Sections
290/106 BNS (288/304A IPC) and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, On 01/08/2025, during
demolition work respondent no. 2's husband was buried under debris
after a wall and staircase collapsed due to lack of safety equipments
provided by the petitioners and was declared brought dead when he
was taken to Balaji Action Hospital. FIR No. 240/2025 was lodged
upon a PCR call, under sections 290/106 BNS against the petitioners.
3. Respondents are stated to be the surviving legal heirs of the
deceased. It is submitted that parties have amicably resolved their
disputes and executed a Settlement Agreement dated 08.09.2025 and
in terms of settlement, petitioners have paid Rs. 3,00,000/- (Rupees
Three Lacs only) to respondent no. 2, of Rs. 2,00,000/- (Rupees Two
Lacs only) to respondent no. 3 and Rs. 1,55,000/- (Rupees One Lac
Fifty Five Thousand only) by way of demand drafts today in Court.
Copy of the Settlement Agreement dated 08.09.2025 has been
annexed as Annexure P-2.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer ASI Shankar Singh, from PS Tigri.
5. Respondents confirm that the matter has been amicably settled
with the petitioners without any force, fear, coercion and they have
received the compensation amount and have no objection if the FIR
No. 240/2025 is quashed against the petitioners.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 240/2025 is quashed.
7. 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."
8. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion. Hence, it would be in the interest of justice, to quash the
above-mentioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 240/2025, dated
01.08.2025, registered at P.S Paschim Vihar, Delhi under section
290/106 BNS 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
November 15, 2025/SK
