Gautam & ANR. v. The State Of NCT Of Delhi & ANR.

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3431/2025 GAUTAM & ANR.

.....Petitioners Through:

Petitioners in person Adv. for petitioners (appearance not given) versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with W/HC Annu, PS Aman Vihar R-2 in person

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 29.10.2025 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. 73/2025 registered at Police Station Aman Vihar for the offences punishable under Sections 115(2)/74/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter "BNS").

2.

According to the complainant, on 30.01.2025 at about 2:00 PM, when she, her mother Saroj and sister were at home, the dog belonging to Gautam and his brother Gaurav @ Punni came into their house and started fighting with their dog. Gautam also came running in. In the meantime, Gaurav @ Punni entered their house, picked up a wooden stick lying there and started The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

hitting their dog. When the complainant‟s mother tried to stop him, he pushed her. When the complainant and her sister tried to intervene, Gaurav slapped the complainant on her left cheek and also touched her chest inappropriately with ill-intention. When the complainant‟s sister objected, Gaurav hit her on the head with the wooden stick. At that moment Gautam also slapped the complainant. Thereafter both brothers allegedly threatened to kill the complainant and her family and said that they would face serious consequences.

3.

Learned counsel appearing on behalf of the petitioners 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.

Copy of Settlement Agreement dated 19.03.2025 is on record and has been annexed as "Annexure B". Qua this agreement, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 73/2025 registered at Police Station Aman Vihar 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.

Heard. Issue notice 7.

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.

8.

Heard learned counsel for the parties and perused the record. 9.

The petitioners are present before this Court and have been identified by the counsel and Investigating Officer, Police Station Aman Vihar. 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 the counsel and the Investigating Officer.

10.

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 and she does not wish to pursue the instant FIR any further as she is now focusing on her future. 11.

Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 12.

In view of the fact that the parties are neighbours and they have arrived at a settlement, and further having regard to the fact that no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them, it is in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom. 13.

In the present case, since the State machinery has been put into motion and the police has concluded the investigation and further the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners. In the facts and circumstances of the present case, the petitioners are directed to deposit a cost of ₹10,000/- each with the Delhi High Court Legal Services Committee within a period of two weeks from today.

14.

Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303, FIR No. 73/2025 registered at Police Station Aman Vihar for the offences punishable under Sections 115(2)/74/351(3)/3(5) of the BNS, and consequent proceedings The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

emanating therefrom, are quashed qua the present petitioners, subject to payment of cost of ₹10,000/- each by the petitioners. The receipt of payment is to be deposited and verified by the concerned IO. 15.

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

AJAY DIGPAUL, J OCTOBER 29, 2025/ar/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.