Mohit & Ors vs State Nct Of Delhi And Ors

Ravinder Dudeja, J

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0377/2023, dated 04.06.2023, registered at P.S Mandwali Fazalpur, Delhi under Sections 323/341/354/506/509/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

As per averments made in the FIR, on 04.07.2023, Respondent No. 3 residing in Ganesh Nagar, Delhi, alleged that during a panchayat held at Dhobi Ghat he along with Respondent No. 2 were subjected to harassment by petitioners who abused, assaulted and tried to drag her towards a dustbin. Subsequently, FIR No. 0377/2023, dated 04.06.2023 was lodged at instance of Respondent No. 3 at P.S Mandwali Fazalpur, Delhi under section 323/341/354/509/34 IPC. Chargesheet has since been filed under sections 323/341/354/506/509/34/354B IPC against the petitioners.

During the course of proceedings, the parties amicably resolved their disputes and executed a Settlement Agreement dated 08.07.2025 at Delhi Mediation Centre, Rohini District Courts, Delhi. In view of the aforesaid settlement, Petitioner No. 1 and Respondent No. 2 got divorced vide order dated 13.11.2024 under sections 13B(1)/(2) of HMA. The copy of Settlement Agreement dated 08.07.2025 has been placed on record as Annexure P-3.

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Chanjang, from PS Mandawali.

Respondents confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have no objection if the FIR No. 0377/2023 is quashed against the Petitioner.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0377/2023 is quashed.

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."

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0377/2023, dated 04.06.2023, registered at P.S Mandwali Fazalpur, Delhi under section 323/341/354/506/509/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 0377/2023, dated 04.06.2023, registered at P.S Mandwali Fazalpur, Delhi under section 323/341/354/506/509/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

Petition is allowed and disposed of accordingly.

Pending application(s), if any, also stand disposed of.