Judgment · High Court
Case at a glance
- Bench
- MANMEET PRITAM SINGH ARORA
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 34, 406, 498A, 506
Judgment
Through: Ms. Abiha Zaidi, Advocate versus STATE NCT OF DELHI THROUGH STATION HOUSE OFFICER & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for the State with SI Yashpal Singh, P.S. CWC Nanakpura, New Delhi. Ms. Trisha Mittal & Mr. Nishant Sharma, Advocates for R-2. (through VC) CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA %
O R D E R 11.03.2025
The present petition has been filed by the Petitioner under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) seeking the following reliefs: - To allow the present Petition under Section 528 Bhartiya Nagarik Suraksha Sanhita, 2023 and quash FIR bearing No. 349/2023 u/s 498A/406/506/34 Indian Penal Code, 1860 lodged with PS: Dwarka Sector – 23 and all the subsequent proceedings arising thereof in light of the Settlement Agreement dated 30.01.2025 executed before Delhi High Court Mediation & Conciliation Centre bearing M & C File No. 3538/2024.
Petitioner No. 1 appeared through VC, and is identified by his Counsel. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:40:33
Learned counsel for the Petitioner states that the parties have amicably resolved the matter and have entered into a Settlement Agreement dated 30.01.2025 before SAMADHAN, Delhi High Court Mediation & Conciliation Centre.
Respondent No. 2 also appeared through VC and is identified by her Counsel. This Court has interacted with her. She confirms that she has executed the Settlement Agreement and executed an affidavit recording her no objection.
In light of the practice directions dated 24.12.2024 issued by the Hon’ble the Acting Chief Justice in relation to dealing with the petitions seeking quashing of FIR based on compromise, the learned Joint Registrar (Judicial) vide order dated 07.03.2025 has recorded the statement of the parties that they have amicably resolved their disputes and have entered into Settlement Agreement, as per the details set-out in that order.
Keeping in view the nature of the dispute and the fact that the parties have amicably settled the dispute and considering the chances of conviction of the Petitioner being remote and bleak as per the stance taken by Respondent no. 2, this Court, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.1 and also in Narinder Singh & Ors. vs. State of Punjab & Anr.2, is of the view that there is no purpose of continuing with proceedings of the present FIR as it would be an unnecessary burden on the State exchequer. Further this Court is also of the considered opinion that it is a fit case to exercise the discretionary jurisdiction under Section 528 of the BNSS.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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