Mukesh Swami Vs State Govt. of NCT of Delhi & Anr.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 561/2021, dated 06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi under Sections 341/354 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

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As per allegations in the FIR, while respondent no. 2 and her son were going on a scooty, suddenly the petitioner came in front of their scooty, resulting in collision. Petitioner took away the key of the scooty and caught respondent no. 2 and pushed her. FIR no. 561/2021 was lodged at the instance of the respondent no. 2 under Section 341/354 IPC. It is submitted that charge sheet has since been filed.

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CRL.M.C. 8223/2025 Page 1 of 3

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 9.11.2025 18:00:46

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During the course of proceedings, the parties amicably resolved their disputes and the terms of the compromise were reduced into writing in the form of a Settlement Deed/Agreement dated 18.09.2025, copy of which has been annexed as Annexure P-4.

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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 H. R. Choudhary, from PS Gandhi Nagar.

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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 no objection if the FIR No. 561/2021 is quashed against the Petitioner.

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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. 561/2021 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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CRL.M.C. 8223/2025 Page 2 of 3

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 9.11.2025 18:00:46

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

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The petition is allowed, and the FIR No. 561/2021, dated 06.12.2021, registered at P.S Gandhi Nagar, District Shahdara, Delhi under section 341/354 IPC and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioner depositing cost of Rs. 10,000/- (Rupees Ten Thousand) with DSLSA within a month.

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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

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November 19, 2025 SK

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CRL.M.C. 8223/2025 Page 3 of 3

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Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:1 9.11.2025 18:00:46

Mukesh Swami v. State Govt. of NCT of Delhi & Anr.

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Mukesh Swami v. State Govt. of NCT of Delhi & Anr.

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