Delhi High Court
Abhishek vs The State Of Nct Of Delhi And Ors on 26 November, 2025
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 26.11.2025
+ CRL. MC. 8411/2025 & CRL.M.A. 35090/2025 EXEMPTION
ABHISHEK .....Petitioner
Through: Ms. Kajal Kaur, Mr. Ankit, Ms.
Himani Mittal, Advocates with
Petitioner in person.
versus
THE STATE OF NCT OF DELHI AND ORS ... Respondents
Through: Mr. Nawal Kishore Jha, APP
with SI Sonal Raj, PS- Bharat
Nagar.
Respondents in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
This matter is taken up today as 25.11.2025 was declared a
holiday on account of 'Guru Teg Bahadur's Martyrdom Day'.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 467/2022, dated
30.06.2022, registered at P.S Bharat Nagar, Delhi under Sections
354/506/509 IPC and 12 POCSO Act and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. The factual matrix giving rise to the instant case is that on
29.06.2022 when the minor victim/respondent No.2 was sitting
outside her house with her family the accused/Petitioner came and spat
gutkha on her, caught her hand, pulled her towards him with sexual
intent and uttered obscene words. The petitioner also threatened to
disfigure her face with a blade and then left when family members
arrived. The next morning, when the incident was disclosed, the
family went to his house, where he abused them, threatened to get the
victim arrested. An FIR No. 490/24 under Sections 354/506/509 IPC
and 12 POCSO Act at PS Bharat Nagar was registered on the instance
of respondent no.2. Subsequently Chargesheet was filed.
3. During the course of proceedings, the parties amicably resolved
their disputes and the terms of settlement were written in the form of a
Memorandum of Understanding/ Compromise Deed dated 11.11.2025.
Copy of the Settlement Agreement dated 11.11.2025 has been
annexed as Annexure P-3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Sonal Raj, from PS Bharat Nagar.
5. Respondents submit that there was some minor disagreement
and a scuffle ensued between them at the spur of the moment over a
petty issue of parking, which resulted in lodging of present FIR. They
confirm that matter has now been amicable settled with the petitioner
without force, fear and coercion and respondents have no objection if
FIR No. 467/2022 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. 467/2022 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. In the interest of justice, the petition is allowed, and the FIR No.
467/2022, dated 30.06.2022, registered at P.S Bharat Nagar, Delhi
under Sections 354/506/509 IPC and 12 POCSO Act and all the other
consequential proceeding emanating therefrom is hereby quashed.
Since charge sheet has been filed and charges are also framed, State
machinery is used, therefore, quashing is subject to petitioner
depositing Rs. 5,000/- with Delhi High Court Staff Welfare Fund
(Account No. 15530110074442), within a period of one month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
November 26, 2025
MA
