Delhi High Court
Bala Sharma Ors vs State (Gnct Of Delhi) & Anr on 26 September, 2025
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 26.09.2025
+ W.P. (CRL) 3193/2025
BALA SHARMA ORS. .....Petitioners
Through: Mr. Naresh Kumar Joshi, Ms.
Shruti Aggarwal, Advs.
versus
STATE (GNCT OF DELHI) & ANR. .....Respondents
Through: Mr. Sanjeev Bhandari, ASC
with SI Nikhlesh, PS
Shakarpur.
Ms. Riya Kumar Verma, 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. 971/2023, dated
30.12.2023, registered at P.S Shakarpur, Delhi under Sections
420/467/468/471/120B IPC and all proceedings emanating therefrom
on the basis of settlement between the parties.
2. Both parties are relatives. As per allegations made in the FIR,
petitioners using forged documents executed a relinquishment deed in
regards to property jointly owned by respondent no. 2 and his late
brother/husband of petitioner no. 1, bearing no. Khasra No. 297/193,
Shakarpur, Delhi -110092. Petitioners further trespassed, made some
alterations and also restrained respondent no. 2 from entering the
abovementioned property. FIR No. 971/2023 was lodged at instance
of Respondent no. 2 under sections 420/467/468/471/120B IPC
against the petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement/Compromise Deed
23.08.2025. It is submitted that petitioners have paid the entire
settlement amount of Rs. 15,00,000/- (Rupees Fifteen Lacs only) to
respondent no. 2, copy of the same has been annexed as Annexure A-
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Nikhlesh, from PS Shakarpur.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and he has
received the total settlement amount and has no objection if the FIR
No. 971/2023 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. 971/2023 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. 971/2023, dated
30.12.2023, registered at P.S Shakarpur, Delhi under section
420/467/468/471/120B 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 26, 2025
SK
