Ram Poshan Chaudhary v. State Govt. Of NCT Of Delhi And ANR.
$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 414/2025 RAM POSHAN CHAUDHARY .....Petitioner Through:
Mr. Mohan Kumar, Advocate with petitioner in person.
versus STATE GOVT. OF NCT OF DELHI AND ANR ......Respondent Through:
Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Mr. Anurag, Advocates with SI Sachin and ASI Renu, PS-BHD Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 10.02.2025 CRL.M.A. 3740/2025 (Exemption).
1.
Exemption allowed subject to just exceptions. 2.
The application stands disposed of.
CRL.M.C. 414/2025 3.
The instant petition under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS) [(earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.")] has been filed on behalf of the petitioners praying for quashing of FIR bearing No.403/2024 registered at Police Station - Baba Haridas Nagar, Delhi for offences punishable under Sections 74/75/351(2)/79 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter "BNS"). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
The Joint Registrar (Judicial) vide order dated 7th February, 2025 has verified the facts and details of the instant matter. 5.
Learned counsel for the petitioner submitted that on account of certain misunderstanding between the petitioner and the respondent no.2, a complaint was lodged against the petitioner by the respondent no.2, which resulted in filing of the instant FIR dated 2th December, 2024. 6.
Learned counsel for the petitioner submitted that with the intervention of family members and relatives, both the parties entered into settlement on 27th January, 2025 vide Settlement Deed/Memorandum of Understanding ("MoU" hereinafter). The terms and conditions of the said settlement are mentioned in the settlement deed which is annexed as Annexure-C to the instant petition.
7.
Therefore, it is prayed that the instant FIR may be quashed on the basis of the above said compromise and in accordance with the settled position of law as posited by the Hon'ble Supreme Court. At this juncture, the petitioner appearing in-person also undertakes to not repeat the same conduct in the future.
8.
Ms. Rupali Bandopadhyay, learned ASC for the State submitted that she has no objection to the instant petition being allowed and the FIR in question being quashed in view of the settlement arrived at between the parties.
9.
Heard learned counsel for the parties and perused the record. 10.
The petitioner is present before this Court and has been identified by his counsel and the Investigating Officer. The respondent nos.2 is also present in the Court and has been identified by the Investigating Officer. 11.
On the query made by this Court, the respondent nos.2 has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
categorically stated that she has entered into compromise on her own free will and without any pressure. It is also stated by respondent nos.2 that the entire dispute has been amicably settled between the parties and she does not want to pursue the aforesaid FIR any further. The parties also undertook that they shall abide by the terms and conditions of the Settlement Agreement arrived at between the parties.
12.
In the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of Cr.P.C. can be invoked even when such a case falls within the ambit of non-compoundable offences given that the Court must be satisfied that the nature of the offence does not impact the conscience of the society and that the compromise between the parties is voluntary and amicable.
13.
Keeping in view the fact that parties have settled the matter as well as undertaking given by the petitioner, no useful purpose would be served by keeping the matter pending. Hence, FIR bearing No.403/2024 registered at Police Station - Baba Haridas Nagar, Delhi for offences punishable under Sections 74/75/351(2)/79 of the BNS and consequent proceedings emanating therefrom are quashed.
14.
The petition along with pending application(s), if any, stands disposed of.
CHANDRA DHARI SINGH, J FEBRUARY 10, 2025 NA/anr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.