Mr. Sandeep Soni, Adv. with v. STATE NCT OF DELHI AND ANR

Through: Mr. Utkarsh, APP for State with S.I. Sanjeeta, P.S. Mukherjee Nagar, Delhi. R-2 in person (through VC). CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R 31.01.2025 % CRL.M.A. 24702/2024 (exemption)

2. Allowed, subject to all just exceptions. The application stands disposed of. CRL.M.C. 6459/2024

3. The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.1636/2015 under Sections 354/354(D)/323/506 IPC registered at Police Station Mukherjee Nagar, Delhi and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

4. Issue notice. The learned APP appearing on behalf of the State accepts notice. Likewise, the respondent no.2, who has joined through VC, accepts 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 10/02/2025 at 14:54:59 notice.

5. The petitioner, as well as, respondent no.2/complainant have been identified by the learned counsel for the petitioner, as well as, by the Investigating Officer i.e. S.I. Sanjeeta, P.S. Mukherjee Nagar, Delhi.

6. The case of the prosecution is that the FIR was registered at the instance of the respondent no.2 alleging that the petitioner had misbehaved and beaten the respondent no.2 on account of which she suffered simple injuries.

7. During the pendency of proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Memorandum of Understanding (MOU) dated 17.01.2023, which is annexed as Annexure P-2 to the present petition.

8. It is recorded in the settlement that the parties have amicably settled all their disputes. It is also a term of the settlement that the respondent no.2 shall cooperate with the petitioner in quashing of the aforesaid FIR.

9. The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

10. In this regard, reference may advantageously be made to a decision of Co-ordinate bench of this Court in Jagdish Khatri vs. State of NCT of Delhi and Anr.1 wherein it was held as under:

4. The inherent power under Section 482 Cr. P.C. is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guidance engrafted in such power viz. : (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In the case of Gian Singh v. State of Punjab (2012) 10 SCC 303, the Supreme Court has observed that in the exercise of its inherent power under Section 482, the High Court can quash 1 2023 SCC OnLine Del 1336. 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 10/02/2025 at 14:54:59 FIR/Charge-sheet on the basis of alleged settlement except in cases of rape, murder, dacoity or the cases under the Special Statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. It is a settled proposition of law that High Courts should exercise the power under Section 482 Cr. P.C. for quashing of criminal cases having overwhelmingly and predominantly civil flavour. 5. It has also been repeatedly held that the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Reliance can be placed upon Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojiroo Angre, (1988) 1 SCC 692.

6. Respondent no. 2 is present in court and has duly been identified by the IO. She states that she has entered into the settlement voluntarily and she has no objection if the FIR is quashed. Affidavit of Respondent no. 2 has also been placed on record.

7. In view of the above, it appears that he is not going to support the case of the prosecution and the possibility of conviction is remote and bleak. In view of the matter, the continuation of the criminal proceedings would be an exercise in futility and it is an abuse of the process of the court. There would no purpose in continuing with the present proceedings and accordingly, the FIR No. 157/2017 under Sections 354 IPC registered at Police Station Sangam Vihar and all the other proceedings emanating therefrom are quashed.

8. The present petition stands disposed of. (emphasis supplied)

11. In view of the settlement between the parties, the ultimate chances of 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. 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 10/02/2025 at 14:54:59

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

13. Consequently, the petition is allowed and the FIR No.490/2015 under Sections 354D IPC and Section 66 IT registered at Police Station Vivek Vihar, Delhi along with all other consequential proceedings emanating therefrom, is quashed.

14. The petition stands disposed of in the above terms.

15. Order be uploaded on the website of this Court. JANUARY 31, 2025 VIKAS MAHAJAN, J 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 10/02/2025 at 14:54:59