Citation : 2025 Latest Caselaw 4766 Del
Judgement Date : 15 September, 2025
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15.09.2025
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+ CRL.M.C. 6550/2025 & CRL.M.A. 27606/2025 EXEMPTION
FROM FILING TYPED COPIES ETC.
DEEPAK YADAV .....Petitioner
Through: Mr. Sumit Kr. Khatri, Mr. Amit
Kumar, Advs. with petitioner in
person.
versus
THE STATE NCT OF DELHI AND ANR .....Respondents
Through: Ms. Kiran Bairwa, APP with
ASI Inder Singh, PS Farsh
Bazar.
Mr. Kapil Goyal, 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. 517/2023, dated 09.11.2023, registered at P.S Farsh Bazar, District Shahdara, Delhi under Sections 323/506/451/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, respondent no. 2 and his staff were threatened and abused in their shop by petitioner and other accused on account of demand of money. Chargesheet has since been filed under sections 323/506/451/34 IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved their disputes and executed their terms of settlement in writing in a Memorandum of Understanding/Settlement dated 12.08.2025. Copy of the Memorandum of Understanding/Settlement dated 12.08.2025 has been annexed as Annexure P-3.
4. Petitioner is physically present before the Court while Respondent no. 2 has entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer ASI Inder Singh, from PS Farsh Bazar.
5. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has no objection if the FIR No. 517/2023 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. 517/2023 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. 517/2023, dated 09.11.2023, registered at P.S Farsh Bazar, District Shahdara, Delhi under Sections 323/506/451/34 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 September 15, 2025 SK
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