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2025 Supreme(Online)(Del) 5406

IN THE HIGH COURT OF DELHI AT NEW DELHI
Ravinder Dudeja, J
MOHD AKEEL – Appellant
Versus
STATE OF GNCT OF DELHI – Respondent
CRL.M.C.5858/2025



Advocates:
For the Appellants/Petitioners: Mr. Noor Alam
For the Respondents: Mr. Yudhvir Singh Chauhan

Amicable resolution of disputes can justify quashing non-compoundable offences if it secures the ends of justice.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Bharatiya Nagarik Suraksha Sanhita - Section 528 - Quashing of FIR based on amicable settlement - Parties have amicably resolved disputes; the respondent has confirmed that he has no objection to quashing the FIR. Court must ensure continuation of proceedings does not abuse the process of law or go against justice. (Paras 9-10)

(B) Supreme Court of India recognized the importance of amicable resolution of disputes, emphasizing considerations of justice in such decisions. Cited in Gian Singh v. State of Punjab (2012) 10 SCC 303 and its applicability in non-compoundable offences. (Para 7)

Facts of the case:
Petitioner accused of stealing and unlawfully retaining accounting data; amicable return of data led to requests for FIR quashing supported by respondent and State’s representatives.

Findings of Court:
All criminal proceedings associated with FIR are quashed due to amicable settlement between parties emphasizing on parties’ free will without coercion.

Issues: The court addressed whether continuing with criminal proceedings post-settlement is against the interests of justice.

Ratio Decidendi: The court determined that quashing the FIR serves the ends of justice, influenced by the amicable resolution acknowledged by both parties and its reflection in prior precedents.

Result: Petition allowed; FIR quashed and disposed of with costs.

Table of Content
1. facts establishing the basis for quashing the fir with a focus on amicable settlement. (Para 1 , 2)

RAVINDER DUDEJA, J.

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , seeking quashing of FIR No. 217/2025, dated 08.07.2025, registered at P.S Seelampur, Delhi under Section 306 BNS (Section 381 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.

2. As per averments made in the FIR, Respondent No. 2 alleged petitioner, a former employee of stealing and unlawful retention of his company’s tally accounting data and password diary. He further submits that petitioner demanded money from him in exchange for returning the data and diary. FIR was lodged at instance of respondent CRL.M.C. 5858/2025 Page 1 of 4 Signature Not Verified Digitally Signed no. 2 under sections 306 BNS against the petitioner and subsequent to order dated 17.07.2025 passed by the ld. Sessions court, section 317(2) BNS (Section 411 IPC) and Sections 43 /66/72 of IT Act were also invoked.

3. During the course of proceedings, the parties amicably resolved their disputes. In view of the aforesaid settlement, petitioner returned the data and password diary to respondent no. 2 and subsequently petitioner was granted anticipatory bail vide order dated 25.07.2025 by the ASJ, Special Judge (NDPS), North East, KKD Courts, Delhi in Bail Matter 572/2025.

4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Manoj Kumar, from PS Seelmapur.

5. Respondent No. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has received the data and diary back and has no objection if the FIR No. 217/2025 is quashed against the petitioner. He has further placed on record his no objection affidavit, copy of which has been annexed as Annexure F.

6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 217/2025 is quashed.

CRL.M.C. 5858/2025 Page 2 of 4 Signature Not Verified Digitally Signed

7. In Gian Singh v. 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."

8. 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 .

9. 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.

10. The petition is allowed, and the FIR No. 217/2025, dated 08.07.2025, registered at P.S Seelampur, Delhi under section CRL.M.C. 5858/2025 Page 3 of 4 Signature Not Verified Digitally Signed

306/317(2) BNS & Sections 43 /66/72 IT Act and all the other consequential proceeding emanating therefrom is hereby quashed subject to cost of Rs. 10,000/- to be deposited by petitioner with Delhi State Lega

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