Ramesh Chand Gupta & ANR. v. State Through Sho Dwarka South & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 732/2025 RAMESH CHAND GUPTA & ANR. .....Petitioners Through:

Mr. Rama Nath Jha, Mr. Alok Kumar and Mr. Mukund Kumar, Advs.

Petitioners in person.

versus STATE THROUGH SHO DWARKA SOUTH & ANR. .....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv.

ASI Anita and SI Kishan Chand, PS Dwarka Mr. Yogyank Mishra and Mr. Abhishek Kumar, Advs. for R-2 and R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 25.09.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC")] has been filed by the petitioners praying for quashing of FIR No. 537/2020 registered at Police Station - Dwarka (South) on 24.11.2020, for offences punishable under Sections 354/354(A)/509 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that respondent no. 2, working as a caretaker at Godhuli (Old Age Home) since May 2017, alleged that petitioner no. 1, after assuming charge as Secretary, repeatedly harassed her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by making indecent remarks, attempting to molest her, intimidating her, and cutting her salary when she resisted his demands. Despite complaints, no action was taken, and she was pressured to compromise. The harassment continued through defamatory notices and public humiliation. On 16.10.2020, petitioner no. 2, the new Resident Director, further threatened her with humiliation and termination and subsequently issued orders leading to her removal. Pursuant thereto, the present FIR was filed. 3.

Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Memorandum of Settlement (hereinafter "MoS") dated 22.01.2025 is on record and has been annexed as Annexure P-3. Qua this MoS, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 537/2020 registered at Police Station - Dwarka (South) against the petitioners.

5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Dwarka (South). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no.2 has categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by her that the entire dispute has been amicably settled between the parties.

10.

Keeping in view the fact that the matter stands settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. Further in view of the fact that the parties have arrived at settlement, the chances of ultimate conviction of the accused persons are also bleak.

12.

It is, thus, in the interest of justice to quash the aforementioned FIR and the proceedings emanating therefrom.

13.

Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No.537/2020 registered at Police Station - Dwarka (South), for offences punishable under Sections 354/354(A)/509 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, 14.

The petition alongwith pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J SEPTEMBER 25, 2025/AS/yr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.