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Judgment
13 paragraphs · 473 wordsManoj Jain, J
These are two cross-cases and separate petitions have been filed seeking quashing of FIRs i.e. i) FIR 694/2016 dated 26.09.2016 registered at Police Station Malviya Nagar for commission of offences under Sections 323/354/34 IPC and ii) FIR No. 693/2016 dated 26.09.2016 registered at Police Station Malviya Nagar for commission of offences under Sections 323/354/34 IPC respectively.
Quashing is being sought on the basis of amicable settlement between the parties.
Parties are neighbours and incident in question is of 25.09.2016 when there was quarrel and scuffle between the two parties and during incident, the concerned complainant was inappropriately touched.
In CRL.M.C. 1759/2025, there are two accused persons and the complainant had received injuries and was inappropriately touched. In CRL.M.C. 1850/2025, there are six accused persons and injuries were received by respondent Nos. 2 & 3 and respondent No. 3 was also inappropriately touched and her modesty was outraged.
Both the parties have amicably settled all their disputes and have no objection if the respective FIRs are quashed.
Affidavits of the respondents are also on record.
Respondent No. 2 in CRL.M.C. 1759/2025 and respondent Nos. 2 & 3 in CRL.M.C. 1850/2025 are present and during course of the consideration also, they all submitted that they would have no objection if the FIRs in question are quashed. They submit that they have entered into settlement of their own free Will and without any pressure, force, coercion and undue influence from any corner whatsoever.
Charge-sheets have been filed in both the cases. In one case, the charges are yet to be framed and in the other, no witness has so far entered into witness-box.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIRs.
Consequently, to secure the ends of justice FIR 694/2016 dated 26.09.2016 registered at Police Station Malviya Nagar for commission of offences under Sections 323/354/34 IPC and FIR No. 693/2016 dated 26.09.2016 registered at Police Station Malviya Nagar for commission of offences under Sections 323/354/34 IPC, along with all consequential proceedings arising therefrom, are, hereby, quashed subject to petitioners'depositing total cost of Rs. 40,000/- (Rs. 20,000/- per case) in the account of Delhi High Court Legal Services Committee within four weeks from today. Proof of deposit of cost and original affidavits of the parties be submitted before the learned Trial Court within further two weeks.
The petitions stand disposed of in aforesaid terms.
