Sheru Gupta And 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. 222/2016, dated 21.05.2016, registered at P.S Swaroop Nagar, Delhi under Sections 323/506/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

As per averments made in the FIR, on 21.05.2016, petitioners physically assaulted Respondents No. 2 and 3 after being confronted about threatening sister’s son of Respondents No. 2 and 3 at her residence. Subsequently, FIR No. 222/2016, dated 21.05.2016 was lodged at instance of Respondent No. 2 at P.S Swaroop Nagar, Delhi under section 323/506/34 IPC. Chargesheet has already been filed and charges have since been framed under Sections 323/326/506/34 IPC.

During the course of proceedings, the parties amicably resolved their disputes and Respondents have given their No Objection Affidavit dated 08.05.2025. The copy of the No Objection Affidavit dated 08.05.2025 has been placed on record as Annexure C.

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

Respondents confirms that the matter has been amicably settled with the petitioners without any force, fear and coercion and if the FIR No. 222/2016 is quashed against the Petitioners.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 222/2016 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. 222/2016, dated 21.05.2016, registered at P.S Swaroop Nagar, Delhi under section 323/506/34 IPC and all the other consequential proceeding emanating therefrom.

In the interest of justice, the petition is allowed, and the FIR No. 222/2016, dated 21.05.2016, registered at P.S Swaroop Nagar, Delhi under section 323/506/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed, subject to petitioners depositing Rs. 5,000/- each before Delhi State Legal Services Authority (DSLSA) within one month.

Petition is allowed and disposed of accordingly.

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