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High Court of DelhiCRL.M.C./8653/2025

Neelam And ORS v. State Of NCT Of Delhi And ANR

2025-12-04Hon'Ble Mr. Justice Vikas Mahajan3 pages

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8653/2025 NEELAM AND ORS .....Petitioners Through:

Mr. Parmeshwari Dhayal, Mr. Dinesh Chand Meena, Mr. Aman Dalal, Ms.

Shruti Aggarwal, Mr. Ashish Singh and Mr. Salman Khan, Advs. with petitioners in person.

versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:

Mr. Ajay Vikram Singh, APP for State with SI Sachin Panwar PS Fatehpur Beri.

Mr. Sourabh Rai and Mr. Aman Kumar, Advs. for R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 04.12.2025 CRL.M.A. 36143/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8653/2025 3.

The present petition has been filed on behalf of petitioner under Section 528 of BNSS seeking quashing of FIR No. 405/2025 under Sections 304(2)/3(5) BNS registered at PS Fatehpur Beri, South District, New Delhi on the ground that the parties have arrived at a settlement. 4.

Issue notice. Mr. Ajay Vikram Singh, learned APP for State accepts The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

notice.

5.

The petitioner nos. 1-3, as well as, respondent no.2/complainant are present in Court, and they have been identified by their respective counsels as well as by the Investigating Officer, SI Sachin Panwar PS Fatehpur Beri. It is stated that petitioner no.1/accused is wife of respondent no.2. 6.

On account of some misunderstanding, the FIR came to be registered at the instance of respondent no.2 against the petitioner no.1, as well as, petitioner nos.2 and 3.

7.

During pendency of the proceedings, the parties have amicably resolved their disputes and arrived at a settlement, the terms whereof have been reduced in writing in the settlement agreement, which is annexed as Annexure-P-5 to the present petition.

8.

On a query posed by the Court, respondent no.2 states that he has settled the matter with the petitioners and does not wish to prosecute the criminal proceedings any further and he has no objection in case the FIR in question is quashed.

9.

At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."

10.

In view of the settlement between the parties, the ultimate chances of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 12.

Consequently, the petition is allowed and the FIR No. 405/2025 under Sections 304(2)/3(5) BNS registered at PS Fatehpur Beri, South District, New Delhi alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. VIKAS MAHAJAN, J DECEMBER 4, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.