Delhi High Court
Ishan Jolly & Ors vs The State Govt Of Nct Of Delhi & Anr on 30 October, 2025
$~09
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.10.2025
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+ CRL.M.C. 8767/2024 & & CRL.M.A. 33545/2024
EXEMPTION
ISHAN JOLLY & ORS. ....Petitioners
Through: Ms. Aayushi Gupta, Mr. R.K.
Pal, Mr. Shila Pal, Mr. Anish
Shrestha, Advocates with
petitioners in person.
versus
THE STATE GOVT OF NCT
OF DELHI & ANR ... Respondents
Through: Mr. Tarang Srivastav, APP with
SI K. Birjit Singh, SI Yogita,
PS-Janakpuri.
Mr. Santosh Yadav, Advocate
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. 441/2021, dated
05.09.2021, registered at P.S Janakpuri, Delhi under Sections
354(A)/323/34 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. As per allegations made in the FIR, on 04.09.2021 around 11:30
pm, respondent no. 2 was physically assaulted by petitioners while
returning home at night. Petitioners were later apprehended by brother
of respondent no. 2 where a scuffle broke between them, resulting in
injuries. Chargesheet has since been filed 354(A)/323/34 IPC against
the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement Agreement dated 11.08.2023.
copy of which has been annexed as Annexure C.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Yogita and K. Birjit Singh, from PS Janakpuri.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 441/2021 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. 441/2021 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. 441/2021, dated
05.09.2021, registered at P.S Janakpuri, Delhi under section
354(A)/323/34 IPC 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
October 30, 2025
SK
