Brij Lal Bansal v. State Of NCT Of Delhi & ANR.

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22.04.2025 + BRIJ LAL BANSAL .....Petitioner Through:

Mr. Parvesh Bansal and Mr.

Rahul Bansal, Advs. along with petitioner.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Satish Kumar, APP for State.

Mr. Rishabh Gupta and Mr.

Sidhatri Gauba, Advs. for R-2 along with R-2.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J. (ORAL) CRL.M.A. 10370/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

3.

The present petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed seeking to quash the FIR

bearing No. 411/2023 dated 27.04.2023 registered for offences under Section 287/338 of the Indian Penal Code, 1860 (IPC) at Police Station Narela Industrial Area (subject FIR) and all consequential proceedings arising therefrom.

4.

The learned counsels on behalf of the parties submits that the petitioner is the one of the Directors at M/s Bansal Polyplast Private Limited and the respondent no. 2 was employed on 17.04.2023 and was working as a Helper at the company, where he suffered a finger injury while working in the factory premises on 26.04.2023, leading to the registration of the subject FIR.

5.

They further submit that with the intervention of the family members and respectful members of the society, the parties have arrived at an amicable and voluntary compromise pertaining to the issues that led to registration of the subject FIR and no further dispute subsists in relation thereto and the respondent no. 2 still continues to work as a Helper with the petitioner.

6.

The present petition is premised on the aforesaid assertion that the dispute inter se the parties stand amicably resolved, of their own volition, uninfluenced by any coercion, compulsion or undue inducement. In furtherance thereto, a Compromise/Settlement Deed dated 26.03.2025, has been duly executed between the petitioner and the respondent no.

2.

Further as per the terms of Compromise/Settlement Deed, a total compensation amount of Rs. 3,20,000/- has already been paid by the petitioner to the respondent no. 2. It is also submitted that the entire medical expenses of the

respondent no. 2 were borne by the petitioner and he was paid full wages during his absence on medical grounds. In terms of the said Compromise/Settlement Deed, the respondent no. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The Compromise/Settlement Deed dated 26.03.2025 outlining the terms of settlement has been placed on record. 7.

Pursuant to this settlement, the Statement of the parties have been recorded by the Joint Registrar (Judicial) on 15.04.2025 and they have been duly identified by the Investigating Officer and their respective counsels. The respondent no. 2, in his statement before the Joint Registrar (Judicial), has stated therein, that he has no objection if the subject FIR and all the proceedings emanating therefrom are quashed.

8.

Before this Court, the Investigating Officer has again identified the parties and while appearing through Video Conferencing, they have stated and confirmed that they are abiding by all the terms of the said Compromise/Settlement.

9.

In these circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.: (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. In light of the Compromise /Settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not conducive to peace and harmony

between the parties.

10.

In view of the above facts and the Compromise/Settlement Deed dated 26.03.2025, accordingly, in the interest of justice the subject FIR bearing No. 411/2023 dated 27.04.2023 registered for offences under Section 287/338 of the IPC at Police Station Narela Industrial Area and all consequential proceedings arising therefrom, are hereby quashed.

11.

The present petition is, accordingly, disposed of. SHALINDER KAUR, J APRIL 22, 2025/ss/kp Click here to check corrigendum, if any