Delhi High Court
Sanjay Kumar & Anr vs State Govt Of Nct Of Delhi & Anr on 19 September, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 19.09.2025
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+ CRL.M.C. 6733/2025 & CRL.M.A. 28319/2025 EXEMPTION
SANJAY KUMAR & ANR. .....Petitioners
Through: Mr. Vishal Sharrma, Adv.
Petitioners in person.
versus
STATE GOVT OF NCT OF DELHI & ANR. .....Respondent
Through: Ms. Kiran Bairwa, APP with SI
Deepika, P.S.Vikaspuri and SI
Damini, P.G.Cell.
Mr. Karan Dua, 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. 273/2024, dated
06.05.2024, registered at P.S Vikaspuri, Delhi under Sections
509/506/34 IPC and all proceedings emanating therefrom on the basis
of settlement between the parties.
2. As per allegations made in the FIR, on 27.08.2023 a scuffle
occurred between petitioners and respondent no. 2/complainant
wherein she was subjected to threats of stripping her publicly and
abuses. FIR No. 273/2024 was lodged at instance of respondent no. 2
at PS Vikaspuri against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and respondent no. 2's son and petitioner no. 2 executed
a Memorandum of Understanding/Settlement Deed dated 22.10.2024.
In view of the aforesaid settlement, respondent no. 2's son and
petitioner no. 2 have obtained divorce by way of mutual consent on
05.03.2025. It is submitted that respondent no. 2's son has paid
Rs.10,00,000/- (Rupees Ten Lacs) out of the total settlement amount
of Rs. 14,00,000/- (Rupees Fourteen Lacs only) to petitioner no. 2 and
balance amount of Rs.4,00,000/- (Rupees Four Lacs) would be paid at
the time of quashing of FIR No. 273/2024 under Section 498A IPC. It
is further submitted that the custody of the child is with respondent no.
2 with no visitation rights to the father. Copy of the Memorandum of
Understanding/Settlement Deed dated 22.10.2024 has been annexed as
Annexure P-2.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Deepika from PS Vikaspuri.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and her
son has given the entire settlement amount and has no objection if the
FIR No. 273/2024 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. 273/2024 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. 273/2024, dated
06.05.2024, registered at P.S Vikaspuri, Delhi under section
509/506/34 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 19, 2025
SK
