Delhi High Court
Dr Kamal Rawal vs State Nct Of Delhi And Anr on 8 September, 2025
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 08.09.2025
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+ CRL.M.C. 6307/2025 & CRL.M.A. 26671/2025 EXEMPTION
DR. KAMAL RAWAL .....Petitioner
Through: Ms. Ruchi Batra, Advocate.
Petitioner in person.
versus
STATE NCT OF DELHI AND ANR. ... Respondents
Through: Ms. Kiran Bairwa, APP with SI
Anil Kumar, PS- Hazrat
Nizamuddin.
Mr. Shekhar and Ms. Preeti,
Advocates for R-2.
Respondent No. 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. 32/2021, dated
29.01.2021, registered at P.S Hazrat Nizamuddin, Delhi under
Sections 354/354(B)/354(A) IPC and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. Respondent no. 2 worked for 3 years with petitioner. As per
allegations made in the FIR, Complainant alleged that during a thyroid
treatment consultation, petitioner, a Doctor, lifted her bra, touched her
breasts and put his mouth on her nipples. Chargesheet has since been
filed under sections 354/354(B)/354(A) IPC. It is submitted that vide
order dated 14.08.2024 the Ld. JMFC (Mahila Courts)-02/SED/Saket,
New Delhi framed charge only under section 354A IPC, thereby
discharging petitioner from sections 354/354B IPC.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Memorandum of Understanding dated
22.08.2025. Copy of the Memorandum of Understanding dated
22.08.2025 has been annexed as Annexure 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 Anil Kumar, from PS Hazrat Nizamuddin.
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. 32/2021 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. 32/2021 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. 32/2021, dated
29.01.2021, registered at P.S Hazrat Nizamuddin, Delhi under section
354/354(B)/354(A) IPC and all the other consequential proceeding
emanating therefrom is hereby quashed, subject to petitioner
depositing Rs. 25,000/- as cost with Delhi High Court Advocates
Welfare Trust [bearing Account No. 15530210002995] 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
September 08, 2025
SK
