Atul Kumar Vs State Govt. of NCT of Delhi and Anr.

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 25^th April, 2026

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- CRL.M.C. 1855/2025 & CRL.M.A. 8386/2025

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ATUL KUMAR .....Petitioner

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Through: Mr. Avnish Sharma with Mr. Kavish Sharma, Advocates with petitioner in person

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versus

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STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ajay Vikram Singh, APP for the State with SI Rahul Bisht, PS GTB Encalve and SI Jagroshini, PS Seelampur. Respondent No.2 (through V.C.)

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CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

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Petitioner herein seeks quashing of FIR No.346/2024 dated 24.07.2024, registered at Police Station G.T.B. Enclave, Delhi, for commission of offences under Sections 74/75(1) Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 354/354A IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

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Petitioner was posted as X-Ray Technician in the hospital in question and on 16.07.2024, one contractual employee (respondent No.2) herein, was present in the hospital and while she was alone, accused came there and started touching her inappropriately. She, accordingly, reported the matter to police which resulted in registration of the abovesaid FIR.

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Charge-sheet has already been filed, albeit , evidence is yet to be led.

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Signature Not Verified

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CRL.M.C. 1855/2025 1

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Signed By:SONIA THAPLIYAL Signing Da te:2 8.04.2026 10:54:45

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Fortunately, with the intervention of common friends and colleagues, both the parties have amicably settled the matter and the terms of such settlement has been recorded in the Settlement Deed dated 14.02.2025. The quashing of the FIR is thus being sought on the basis of such amicable settlement between the parties.

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When the present matter was placed before learned Joint Registrar (Judl.) on 19.03.2025, detailed statement of respondent No.2 was recorded on oath wherein she, categorically, deposed that she had entered into the abovesaid settlement voluntarily and without any pressure and coercion. She also stated that the petitioner had tendered his unconditional apology, which she had accepted and, therefore, she was willing to cooperate for quashing of FIR in question.

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Petitioner is present in Court.

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Respondent No.2 has joined the proceedings through video-conferencing and has been duly identified by the Investigating Officer. 8. When asked, she reiterates the abovesaid settlement and submits that she would have no objection if the FIR in question is quashed. She submits that though she continues to work in the same hospital, the petitioner has been transferred, somewhere else.

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In Narinder Singh & Ors. vs. State of Punjab & Anr.: (2014) 6 SCC 466, the Apex Court observed that proceedings, even in non-compoundable cases, can be quashed on the basis of settlement provided that the Court is satisfied that there was no meaningful purpose in continuing with the proceedings, and that the scope of conviction was remote and bleak. Reference be made to Gian Singh v. State of Punjab & Anr.: (2012) 10 SCC

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Signature Not Verified

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CRL.M.C. 1855/2025 2

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Signed By:SONIA THAPLIYAL Signing Da te:2 8.04.2026 10:54:45

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In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. In any case, even the complainant does not wish to press any charges against the petitioner.

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Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 , it is deemed appropriate to quash the instant FIR.

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Consequently, to secure the ends of justice, FIR No.346/2024 dated 24.07.2024, registered at Police Station G.T.B. Enclave, Delhi, for commission of offences under Sections 74/75(1) Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 354/354A IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed. Original Settlement Deed dated 14.02.2025 and Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the learned Trial Court within four weeks from today, so that these become part of Trial Court Record.

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