Delhi High Court
Mukesh Swami vs State Govt. Of Nct Of Delhi & Anr on 19 November, 2025
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.11.2025
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+ CRL.M.C. 8223/2025 & CRL.M.A. 34309/2025 EXEMPTION
MUKESH SWAMI .....Petitioner
Through: Mr. Raj Gaurav, Adv. with
petitioner in person.
versus
STATE GOVT. OF NCT OF DELHI & ANR.
.....Respondent
Through: Mr. Nawal Kishore Jha, APP
with SI H. R. Choudhary, PS
Gandhi Nagar.
Mr. Kumar Pranav, Adv. for R-
2 with R-2 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. 561/2021, dated
06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi
under Sections 341/354 IPC and all proceedings emanating therefrom
on the basis of settlement between the parties.
2. As per allegations in the FIR, while respondent no. 2 and her
son were going on a scooty, suddenly the petitioner came in front of
their scooty, resulting in collision. Petitioner took away the key of the
scooty and caught respondent no. 2 and pushed her. FIR no. 561/2021
was lodged at the instance of the respondent no. 2 under Section
341/354 IPC. It is submitted that charge sheet has since been filed.
3. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Settlement Deed/Agreement dated 18.09.2025,
copy of which has been annexed as Annexure P-4.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI H. R. Choudhary, from PS Gandhi Nagar.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and she has
no objection if the FIR No. 561/2021 is quashed against the Petitioner.
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. 561/2021 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
abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 561/2021, dated
06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi
under section 341/354 IPC and all the other consequential proceeding
emanating therefrom is hereby quashed subject to petitioner depositing
cost of Rs. 10,000/- (Rupees Ten Thousand) with DSLSA within a
month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
November 19, 2025
SK
