Prakash @ Prakash Chand & Ors. Vs the State NCT of Delhi and Anr.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 281/2019, dated 18.05.2019, registered at P.S Punjabi Bagh, Delhi under Sections 323/354/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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CRL.M.C. 7877/2025 Page 1 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 0.11.2025 18:31:29

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The factual matrix giving rise to the instant case is that the complainant was subjected to sustained cruelty, dowry harassment, and physical assault by her husband and in-laws. On 18.05.2019, when the complainant visited her matrimonial home to ascertain her husband’s whereabouts, she was allegedly abused, assaulted, and forcibly ousted by her in-laws, leading to multiple calls to the police. An FIR 281/2019 was registered against the petitioners under sections 323/354/34 of the Indian Penal Code for gross negligence in the incident. Subsequently Charge Sheet was filed.

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During the course of proceedings, parties amicably resolved their disputes and the terms of settlement were written in the form of a Memorandum of Understanding dated 10.06.2025. It is submitted that petitioners have paid the entire settlement amount of Rs. 7,50,000/(Rupees Seven Lacs Fifty Thousand only) to respondent no. 2 as per the schedule in the settlement. Copy of the Settlement Agreement dated 10.06.2025 has been annexed as Annexure P-2.

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Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Deependra, P.S.Punjabi Bagh.

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Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and she has received the entire settlement amount and has no objection if the FIR No. 281/2019 is quashed against the Petitioners.

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CRL.M.C. 7877/2025 Page 2 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 0.11.2025 18:31:29

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In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 281/2019 is quashed.

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In Gian Singh vs State of Punjab (2012) 10 SCC 303 , Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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"61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

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Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana, (2003) 4 SCC 675.

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In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any

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CRL.M.C. 7877/2025 Page 3 of 4

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 0.11.2025 18:31:29

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coercion. Hence, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.

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In the interest of justice, the petition is allowed, and the FIR No. 281/2019, dated 18.05.2019, registered at P.S Punjabi Bagh, Delhi under section 323/354/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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RAVINDER DUDEJA, J
November 10, 2025
MA

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CRL.M.C. 7877/2025 Page 4 of 4

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Signature Not Verified

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Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 0.11.2025 18:31:29

Prakash @ Prakash Chand & Ors. v. the State NCT of Delhi and Anr.

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Prakash @ Prakash Chand & Ors. v. the State NCT of Delhi and Anr.

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