Delhi High Court
Ram Gyan And Anr vs The State Govt. Of Nct Of Delhi And Anr on 22 September, 2025
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.09.2025
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+ W.P.(CRL) 1599/2025
RAM GYAN AND ANR. .....Petitioners
Through: Mr. Akhilesh Kumar, Advocate
Petitioners are also present in
person
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR.
.....Respondents
Through: Mr. Yashir Rauf Ansari, ASC
(criminal) with Mr. Mohit Raj
Nagar, Mr. Alok Sharma,
Advocates and SI Mahesh
Kumawat, PS Bhalaswa Dairy
Mr. Vijay Pandey, Advocate for
R-2
Respondent No. 2 is present 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. 484/2016, dated
23.09.2016, registered at P.S Bhalswa Dairy, Delhi under
Sections420/467/471/506/120B IPC and all proceedings emanating
therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, petitioners illegally
occupied respondent no. 2's plot at Janta Vihar, Mukandpur, using a
forged GPA and forcibly tying a cattle and building a slum. FIR No.
484/2016 was lodged at instance of respondent no. 2 under sections
420/467/471/506/120B IPC against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and the terms of the compromise were reduced into
writing in the form of a Settlement Deed/MOU dated 18.02.2025. In
view of the aforesaid settlement, petitioners have paid the entire
settlement amount of Rs. 5,00,000/- (Rupees Five Lacs) to respondent
no. 2. Copy of the Settlement Deed/MOU dated 18.02.2025 has been
annexed as Annexure B.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Mahesh Kumawat from PS Bhalaswa Dairy.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and he has
received the entire settlement amount and has no objection if the FIR
No. 484/2016is 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. 484/2016 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. 484/2016, dated
23.09.2016, registered at P.S Bhalswa Dairy, Delhi under section 420/
467/ 471/ 506/120B 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 22, 2025
SK
