Anil Bansal v. State Govt. Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 163/2025 ANIL BANSAL .....Petitioner Through:

Mr. Rakesh Kumar, Advocate with petitioner in person.

versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondent Through:

Mr. Raghuinder Verma, APP with SI Pardeep Kumar, PS Raj Park.

Respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 13.02.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C") [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] read with Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking quashing of the FIR bearing No.0653/2019 registered at Police Station - Raj Park, Delhi for the offences punishable under Sections 287/337 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The statements of the parties were recorded before the Joint Registrar on 17th January, 2025.

3.

Learned counsel appearing on behalf of the petitioner submitted that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

on account of certain misunderstanding between the petitioner and the respondent no.2, a complaint was lodged against the petitioner by the respondent no.2, which culminated into the instant FIR dated 24th August, 2019.

4.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner and respondent no.2 have now entered into a settlement dated 22nd July, 2024 and as per the settlement, an amount of Rs.1,00,000/- has already been paid to the respondent no.2.

5.

At this juncture, the respondent no. 2, appearing in person, submitted that the settlement has taken place for a sum of Rs. 1,00,000/- only which is a meagre amount and thus, it is prayed that the settlement amount may be enhanced.

6.

On a query being made by this court, the petitioner, who is present in person, agreed to pay double the settlement amount i.e., an additional Rs. 1,00,000/-.

7.

In view of the aforesaid facts, the petitioner has paid an amount of Rs.1,00,000/- additionally to the respondent no.2 as Rs.1,00,000/- has already been paid.

8.

It is submitted by the learned counsel of the petitioner that now the respondent no.2 has settled all his claims/disputes with the petitioner for a sum of Rs.2,00,000/- and nothing remains pending. 9.

On a specific query made by this Court, respondent no.2 has categorically stated that he is now happy with the enhanced compensation. It has also been stated that there is no pressure or coercion and that he does not want to pursue the aforesaid FIR any further. The parties also undertook that they shall abide by the terms and conditions of the settlement arrived at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

between the parties.

10.

It is, therefore, prayed that the instant FIR may be quashed on the basis of the above said settlement and in accordance with the settled law on this point as posited by the Hon'ble Supreme Court. 11.

At this stage, learned APP for the State submitted that there is no objection to the prayer made on behalf of the petitioner seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 12.

Heard learned counsel for the parties and perused the record. 13.

The petitioner is present before this Court and has been duly identified by his counsel as well as by the Investigating Officer. The respondent no.2 has also been identified by the Investigating Officer. 14.

Insofar the law is concerned, it was observed by the Hon'ble Supreme Court in the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of Cr.P.C. can be invoked to quash an FIR if the Court is satisfied that the nature of the offence does not impact the conscience of the society and that the compromise between the parties is voluntary and amicable.

15.

Therefore, in view of the settlement arrived at between the parties, the law laid down by the Hon'ble Supreme Court as well as the fact that an amount of Rs. 2,00,000/- has been duly paid to the respondent no.2 in terms of the settlement arrived at between the parties, this Court is of the view that no purpose would be served by keeping the aforesaid FIR pending for adjudication and that the same would be a futile exercise. Thus, the present case is a fit case to exercise the powers of this Court under Section 482 of the Cr.P.C (now Section 528 of the BNSS) and in view of the same, the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present petition stands allowed.

16.

Accordingly, FIR bearing No.0653/2019 registered at Police Station - Raj Park, Delhi for the offences punishable under Sections 287/337 of the IPC and all consequential proceedings emanating therefrom are quashed. 17.

In light of the above discussions, the instant petition alongwith pending applications, if any, stand disposed of. CHANDRA DHARI SINGH, J FEBRUARY 13, 2025 NA/anr/ryp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.