Pushpendra Kumar @ Deepu Kumar Vs the State (Govt of NCT of Delhi) & Ors. — Delhi HC (2025) — LawSathi Research

Pushpendra Kumar @ Deepu Kumar Vs the State (Govt of NCT of Delhi) & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed: FIR No. 354/2021 dated 12.11.2021 (PS Samaipur Badli, Delhi) under Sections 363/365 IPC and all consequential proceedings quashed; petition along with pending application(s), including CRL.M.A. 13106/2025 (exemption, already allowed), stands disposed of.

Issue for consideration

Whether FIR No. 354/2021 registered at Police Station Samaipur Badli, Delhi, under Sections 363/365 IPC ought to be quashed in view of the amicable settlement (MOU dated 23.04.2025) between the parties, arrived at voluntarily and without coercion.

Court's answer

Since the parties have amicably resolved their differences of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings, which would instead create further acrimony; it is in the interest of justice to quash the FIR and there is no legal impediment to doing so.

Ratio / Principle

FIR No. 354/2021 dated 12.11.2021 registered at Police Station Samaipur Badli, Delhi, under Sections 363/365 IPC, and all consequential proceedings emanating therefrom, are quashed; the petition along with pending application(s) stands disposed of.

Detailed headnote1 paragraphs

Quashing of FIR – settlement between parties – Delhi High Court quashed FIR No. 354/2021 dated 12.11.2021, Police Station Samaipur Badli, Delhi, registered for offences punishable under Sections 363/365 IPC, after the complainants (respondent nos. 2 and 3) appeared in Court, were identified by the IO and counsel, and categorically stated that they had entered into a compromise out of their own free will, without pressure, coercion or threat, pursuant to a Memorandum of Understanding dated 23.04.2025 executed during the pendency of trial. Holding that the parties having amicably resolved their differences voluntarily, no useful purpose would be served by continuing the proceedings, which would only create further acrimony, the Court found no legal impediment to quashing and quashed the FIR and all consequential proceedings emanating therefrom. Petition disposed of along with pending applications.

$~76

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2942/2025

PUSHPENDRA KUMAR @ DEEPU KUMAR .....Petitioner

Through: Satish Kumar Paanchal, Advocate

versus

THE STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Hitesh Vali, APP for the State Respondent nos. 2 and 3 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 11.09.2025

CRL.M.A. 13106/2025 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.M.C. 2942/2025

By way of the present petition, the petitioner seeks quashing of FIR bearing No. 354/2021 dated 12.11.2021, registered at Police Station Samaipur Badli, Delhi, for the commission of offences punishable under Sections 363/365 of the Indian Penal Code, 1860 (hereafter „ IPC ').

Issue notice. The learned APP accepts notice on behalf of the State.

The petitioner and respondent nos. 2 and 3 are present before this Court and have been identified by their counsel and Investigating Officer (IO) concerned.

Brief facts of the case are that on 12.11.2010, respondent no. 2/complainant had lodged a complaint against the petitioner at Police Station

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 15/09/2025 at 11:54:37

Samaipur Badli, Delhi, which led to the registration of the present FIR. After investigation, the chargesheet was filed before the concerned Court and the matter is pending trial before the learned Trial Court. During the pendency of trial, both the parties resumed communication and by way of their mutual understanding resolved their disputes vide Memorandum of Understanding dated 23.04.2025 executed between them.

On a query made by this Court, respondent nos. 2 and 3 who have been identified by the IO, have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. Therefore, they have no objection, if the FIR is quashed.

In view of the above, that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Accordingly, FIR bearing No. 354/2021 dated 12.11.2021, registered at Police Station Samaipur Badli, Delhi, for the commission of offences punishable under Sections 363/365 of IPC and all consequential proceedings emanating therefrom are quashed.

The present petition along with pending application, if any, stands disposed of.

The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J

SEPTEMBER 11, 2025/ns

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 15/09/2025 at 11:54:37