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High Court of DelhiCRL.M.C./6044/2025

Vijay Kumar Sharma And Ros. v. State Of NCT Of Delhi

2025-08-28Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

6044/2025, CRL.M.A.

25683/2025 & CRL.M.A.

25684/2025 VIJAY KUMAR SHARMA AND ORS. .....Petitioners Through:

Mr. Sanjeev Malik, Mr. Anubhav Mehrotra and Mr. M. P. Dagar, Advs.

All petitioners in person.

versus STATE OF NCT OF DELHI .....Respondent Through:

Mr. Satish Kumar, APP for State with SI Deependra Kumar Mr. Rana Kunal and Ms. Diksha Sharma, Advs.

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 28.08.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioners praying for quashing of FIR No.323/2020 registered at Police Station - Sonia Vihar on 07.10.2020, for offences punishable under Sections 354(A)/354(B)/323/506/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2.

The brief facts of the case are that on 07.10.2020, respondent no. 2 and her husband were abused, assaulted, and threatened by petitioners, who also allegedly outraged her modesty, resulting in simple injuries. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Learned counsel appearing on behalf of the petitioners submitted that charges have been framed and the chargesheet has already been filed against the petitioners. It is 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.

Settlement Agreement dated 24.06.2025 is on record and has been annexed as Annexure C. Qua this agreement, the respondent no. 2 has agreed to withdraw the case arising out of FIR No.323/2020 registered at Police Station - Sonia 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 agreement. 6.

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.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Sonia Vihar. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer.

9.

On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties are a family and they have arrived at a settlement and further having regard to the fact that the injury suffered by the respondent no.2 is simple in nature, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. Further in view of the fact that the parties have arrived at settlement, the chances of ultimate conviction of the accused persons are also bleak.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

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.323/2020 registered at Police Station - Sonia Vihar, for offences punishable under Sections 354(A)/354(B)/323/506/34 of the IPC, and consequent proceedings emanating therefrom, are quashed.

14.

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

AJAY DIGPAUL, J AUGUST 28, 2025/ar/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.