Vikas Gupta & Anr v. The State of NCT of Delhi and Ors

JUDGMENT(ORAL)

RAVINDER DUDEJA, J.

¶1This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 240/2025, dated

01.08.2025, registered at P.S Paschim Vihar, Delhi under Sections 290/106 BNS (288/304A IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

¶2As per allegations made in the FIR, On 01/08/2025, during demolition work respondent no. 2's husband was buried under debris after a wall and staircase collapsed due to lack of safety equipments provided by the petitioners and was declared brought dead when he was taken to Balaji Action Hospital. FIR No. 240/2025 was lodged upon a PCR call, under sections 290/106 BNS against the petitioners.

¶3Respondents are stated to be the surviving legal heirs of the deceased. It is submitted that parties have amicably resolved their disputes and executed a Settlement Agreement dated 08.09.2025 and in terms of settlement, petitioners have paid Rs. 3,00,000/- (Rupees Three Lacs only) to respondent no. 2, of Rs. 2,00,000/- (Rupees Two Lacs only) to respondent no. 3 and Rs. 1,55,000/- (Rupees One Lac Fifty Five Thousand only) by way of demand drafts today in Court. Copy of the Settlement Agreement dated 08.09.2025 has been annexed as Annexure P-2.

¶4Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Shankar Singh, from PS Tigri.

¶5Respondents confirm that the matter has been amicably settled with the petitioners without any force, fear, coercion and they have received the compensation amount and have no objection if the FIR No. 240/2025 is quashed against the petitioners.

¶6In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 240/2025 is quashed.

¶7In 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:- "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."

¶8Further, 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.

¶9In 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 above-mentioned FIR and the proceedings pursuant thereto.

¶10The petition is allowed, and the FIR No. 240/2025, dated

01.08.2025, registered at P.S Paschim Vihar, Delhi under section 290/106 BNS and all the other consequential proceeding emanating therefrom is hereby quashed.

¶11Petition is allowed and disposed of accordingly.

¶12Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J November 15, 2025/SK

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15.11.2025 + CRL.M.C. 6816/2025 VIKAS GUPTA & ANR. .....Petitioners Through: Petitioners in person. versus THE STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Satinder Singh Bawa, APP with ASI Shankar Singh, PS Tigri. Respondents in person. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA