Vikas Tiwari v. The State & ANR.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + VIKAS TIWARI .....Petitioner Through:

Mr. Pankaj Ranjan and Mr. Radhey Shyam Jha, Advocates with petitioner in person.

versus THE STATE & ANR.

.....Respondents Through:

Mr. Digam Singh Dagar, APP for the State with HC Vijay Kumar Sharma and SI Nischay Bhadu, PS - Geeta Colony.

Ms.

Deepanjali Katiyar and Ms.Vaishali, Advocates for respondent no. 2 with respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 18.09.2025 1.

The petitioner herein seeks quashing of an FIR No. 41/2021 dated 31.01.2021 for the offences under Sections 323, 341, 342, 354A, 45l, 506 and 509 of IPC, registered at Police Station Geeta Colony, Shadara, along with all the consequential proceedings arising therefrom, on the basis of a compromise.

2.

The complainant/respondent no.2 alleged harassment, physical assault, and infidelity against her friend i.e. the petitioner herein, pursuant to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

which the FIR in question was registered.

3.

Learned counsel for the petitioner submits that the parties have now amicably settled the matter vide Settlement Deed dated 09.04.2025, with a view to preserve their cordial relations and to maintain future bonhomie and harmony.

3.1 He further submits that keeping in view that the parties have amicably settled their disputes and differences arising out of a misunderstanding, continuation of the proceedings would thus be a futile exercise. 4.

Learned counsel for respondent no.2 and Learned APP for the State concur with the factum of compromise between the parties. 5.

In the aforesaid backdrop, I have heard learned counsel for the petitioners and respondent no. 2 as well as perused the case file. 6.

Parties are present in the Court, and I have interacted with them. Upon a query put to Complainant/Respondent no. 2, she candidly submits that, at the relevant time, the petitioner and she were in a friendly relationship. Some misunderstanding between the two led to a heated altercation, which spiralled into the unsavoury incident of physical scuffle, and she misconstrued the physical contact as a sexual overture. She submits that the allegations at the relevant time were levelled in the heat of the moment, and subsequently, she realized the adverse consequences thereof. She further submits that, having settled the matter, she does not wish to press the charges against the petitioner.

7.

Upon hearing the parties and examining the nature of the dispute, it is borne out that the FIR was lodged out of a misunderstanding. Even on a plain reading, and in light of the candid statements of parties, it appears doubtful whether the essential ingredients of the offences invoked under the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

penal provisions are satisfied. In light thereof, I am of the view that the petition deserves to be allowed on that count as well. 8.

Be that as it may, since respondent no. 2(complainant) does not wish to press charges against the petitioner and there is no incriminating material against him coupled with the fact that they have amicably compromised the matter, not only further criminal proceedings would amount to an abuse of the process of law, but will be an unnecessarily burden the judicial system while continuation thereof would only perpetuate animosity between the parties, whereas dropping the same would promote peace and harmony. 9.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303]. 10.

Consequently, the FIR No. 41/2021 dated 31.01.2021 for the offences under Sections 323, 341, 342, 354A, 45l, 506 and 509 of IPC, registered at Police Station Geeta Colony, Shadara, along with all consequential proceedings arising therefrom, are hereby quashed. 11.

All pending applications(s), if any, shall also stand disposed of. ARUN MONGA, J SEPTEMBER 18, 2025 kd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.