Anil Kumar Sharma and Mr. Rahul Singh, Advs v. STATE NCT OF DELHI AND ANR

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3333/2025 SH.HARISH @ SONU AND ORS .....Petitioners Through: Anil Kumar Sharma and Mr. Rahul Singh, Advs. Petitioners in person. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel W/SI Sangam Yadav, PS Mayur Vihar Mr. Narender, Adv. for R-2. R-2 in person. CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 13.10.2025 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. 621/2023 registered at Police Station – Mayur Vihar Phase - I, for the offences punishable under Sections 354/323/506/34 of the Indian Penal Code, 1860 (hereinafter “IPC”). 2. The brief facts of the case are that on 20.08.2022, at around 01:30 AM, respondent no. 2 was in her room on the second floor when petitioner no. 3 allegedly entered, pressed her chest, and kissed her on the cheek. When she raised an alarm, petitioner no. 1, petitioner no. 2, and petitioner no. 4 entered the room. It is alleged that petitioner no. 1, abused respondent no. 2, pressed her chest, and when she protested, strangled her with a scarf, 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 28/10/2025 at 12:20:47 while petitioner nos. 2 and 4 beat her. Petitioner no. 3 then allegedly hit her on the head, causing her to fall down the stairs and lose consciousness. After regaining consciousness, respondent no. 2 informed a neighbour and called the police. She has further alleged that later the same day, the petitioners again abused her and threatened to kill her, her husband, and her son. Pursuant thereto, the FIR was registered. 3. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. Respondent no. 2 is looking forward to move on with her life and thinking about the future. 4. Settlement deed dated 26.08.2025 is on record and has been annexed as “Annexure P-2”. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 621/2023 registered at Police Station – Mayur 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 compromise. 6. Learned SC for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioner 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 – Mayur Vihar Phase - I. Respondent no. 2 is also present in the Court and has been identified by her counsel and the Investigating Officer. 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 28/10/2025 at 12:20:47

9. On a query made by this Court, respondent no. 2 has categorically stated that she has entered into compromise on her own free will and without any pressure and has expressed his desire to forgive, and not to pursue the matter further. It is also stated by her that the entire dispute has been amicably settled between the parties. 10. Considering the settlement, and the fact that no grievous injury was caused, this Court is of the view that no useful purpose would be served by continuation of the criminal proceedings. This Court is conscious that ordinarily, it is not inclined to entertain petitions of this nature where the alleged offences are of a grave kind. However, since respondent no. 2 has voluntarily and of her own free will expressed her desire to put the matter behind her and move on with her life, this Court is persuaded to take this view. 11. It is, thus, in the interest of justice to quash the aforementioned FIR and the proceedings emanating therefrom. 12. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh v. State of Punjab (2012) 10 SCC 303, FIR No. 621/2023 registered at Police Station Mayur Vihar Phase - I, for the offences punishable under Sections 354/323/506/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to the petitioners performing community service starting from 01.11.2025, with the following directions: i. Petitioner nos. 2 and 4 to perform one month of community service on every Saturday and Sunday at Lal Bahadur Shastri Hospital, Indra Camp, Khichripur Near Kalyanvas Colony/Mayur Vihar, New Delhi, Delhi-110091. 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 28/10/2025 at 12:20:47 ii. Petitioner nos. 1 and 3 to perform one month of community service on every Saturday and Sunday at Dr. Hedgewar Aarogya Sansthan, East Arjun Nagar, Arjun Gali, Karkardooma, Shahdara, New Delhi, Delhi-110032. Upon completion of the said period, a certificate confirming the completion of community service shall be issued by the Medical Superintendent of the concerned Hospital and the same shall be filed with the Registry. In the event of any absenteeism, default, or misconduct on the part of the petitioners during the course of the community service, the same be immediately reported by the Medical Superintendent to the concerned SHO, who shall, in turn, inform the SC for placing the matter before this Court and seeking appropriate orders, including revival of the FIR. 13. With the above directions, the petition along with pending application(s), if any, stands disposed of. AJAY DIGPAUL, J OCTOBER 13, 2025/AS/yr