Deepak Kumar And ORS v. State NCT Of Delhi And ANR & ANR.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29.05.2025 + DEEPAK KUMAR AND ORS.

.....Petitioners Through:

Mr. Kuldeep Singh, Adv.

versus STATE NCT OF DELHI AND ANR & ANR.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Girraj Prasad and SI Prem Raj.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) CRL.M.A. 16601/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

3.

The present petition has been filed by the petitioners under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the FIR No. 209/2022 dated 29.04.2022 for offences under Sections 379/427/506/34 of the Indian Penal Code, 1860, registered at Police Station Badarpur, Southeast Delhi ("subject FIR") and all consequential proceedings emanating therefrom. 4.

The learned counsel for the petitioners submits that the subject

FIR has been registered on the basis of certain allegations pertaining to the commission of theft and sabotage of CCTV cameras installed at the shop of the son of the respondent no. 2, as well as pelting of stones in front of the said premises by the petitioners. It is further submitted that the FIR also contains allegations to the effect that the petitioners extended threats to respondent no. 2, when the complainant purportedly advised them against indulging in alleged unlawful activities in the vicinity of his shop.

5.

The learned counsel submits that with the intervention of family members, relatives, and mutual acquaintances, the parties have voluntary arrived at an amicable resolution of all disputes persisting between them and no further dispute persist between them. 6.

The present petition is premised on the 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 thereof, a Memorandum of Understanding (MoU)/Settlement Deed dated 18.03.2025 has been duly executed between the petitioners and the respondent No. 2. It is further submitted that, in terms of the said Settlement Deed, respondent No. 2 has undertaken to withdraw all proceedings presently pending before various judicial fora. The said MoU/Settlement Deed dated 18.03.2025 embodying 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 27.05.2025 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 is s senior citizen and has invested Rs. 20,000/-. In view of said submission the petitioners agreed to pay a sum of Rs. 20,000/- as compensation for the loss and damages incurred. Furthermore, he has submitted that he no objection if the subject FIR and all the consequential proceedings emanating therefrom is quashed.

8.

Before this Court, the Investigating Officer has again identified the parties and they have confirmed that they are abiding by all the terms of the Settlement.

9.

The respondent no. 2, who is present in Court, upon being queried, submits that he has entered into the said Settlement Deed out of his free will, without any coercion, force or undue influence and that he has withdrawn the litigations filed by her before different Judicial fora and no other litigation remains pending between the partes. He submits that he has received an amount of Rs. 20,000/- as compensation for the loss and damages suffered. Furthermore, he has no objection if the subject FIR and all consequential proceedings arising therefrom are quashed. The offences as complained are arising out of private dispute between the parties and the wrong committed is personal in nature and the parties have resolved their entire dispute. As such, in this background, the continuation of criminal case would put the petitioners to great oppression, and prejudice. 10.

In view of the foregoing, the learned counsels of the parties,

jointly prayed, for quashing of the subject FIR. 11.

The learned APP on behalf of the state submits that there is no objection if the subject FIR is quashed.

12.

In view of 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 settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be a futile exercise and would not be conducive to peace and harmony between the parties.

13.

In conspectus of the above facts and the Settlement Deed dated 18.03.2025, the subject FIR bearing No. 209/2022 dated 29.04.2022 for offences under Sections 379/427/506/34 of the Indian Penal Code, 1860, registered at Police Station Badarpur, Southeast Delhi and all consequential proceedings emanating therefrom, are hereby quashed. 14.

The present petition is, accordingly, disposed of, in the aforesaid terms.

SHALINDER KAUR, J MAY 29, 2025/SU/KP Click here to check corrigendum, if any