High CourtsSingle Bench

Rakesh Kumar vs State Of Nct Of Delhi & Ors

Delhi High Court · Decided on 4 July 2025 · Citation: (2025) 07 DEL CK 0828

HON’BLE JUDGES
Ravinder Dudeja, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 · Bharatiya Nyaya Sanhita, 2023 — Section 115(2), 126(2)
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 4276 Of 2025
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Judgment

13 paragraphs · 519 words

Ravinder Dudeja, J

1.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all proceedings emanating therefrom on the basis of settlement between the parties.

2.

On 05.05.2025, a quarrel occurred between the Respondent No.2 and Petitioner when their cars collided causing a minor accident. The quarrel escalated by the Petitioner attacking the right eye of the Respondent No.2 by his car keys. Thereafter, Respondent No.3 lodged the aforesaid FIR against Petitioner.

3.

During the proceedings, the parties amicably resolved their disputes and executed a Settlement Deed dated 26.06.2025. It is submitted that all conditions of the Settlement Agreement have been fulfilled including the payment of the total settlement amount of Rs.1,25,000/- (Rupees one lac twenty five thousand) as per the schedule mentioned in the Settlement Deed. The copy of Settlement Deed dated 26.06.2025 has been placed on record as Annexure P-2.

4.

Petitioner, respondent no.2 and 3 are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Shri Krishan from PS Dwarka, North.

5.

Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and he has received the payment of the entire settlement amount of Rs. 1,25,000/- (Rupees one lac twenty five thousand) from the Petitioner as per the Settlement Deed. He further submits that he has no objection if the FIR No. 0178/2025is 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. 0178/2025 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.

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. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all the other consequential proceeding emanating therefrom.

9.

In the interest of justice, the petition is allowed, and the FIR No. 0178/2025, dated 06.05.2025, registered at P.S Dwarka North under sections 115(2)/126(2) BNS and all the other consequential proceeding emanating therefrom are hereby quashed.

10.

Petition is allowed and disposed of accordingly.

11.

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