2025 Supreme(Online)(Del) 7296
IN THE HIGH COURT OF DELHI AT NEW DELHI
Ravinder Dudeja, J
SHRI GOPAL KUMAR – Appellant
Versus
THE STATE (NCT OF DELHI) & ANR. – Respondent
CRL.M.C. 7680/2025
For the Appellants/Petitioners: Mr. Prashant Godara
For the Respondents: Mr. Digam Singh Dagar, Mr. Hitesh Kadiyan
The court may quash non-compoundable offenses upon amicable resolution, considering the interests of justice.
Headnote:This judgment concerns a petition to quash FIR No. 222/2025 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita. The petitioner was accused of sexual assault as defined under sections 75 BNS (354A IPC). The facts indicate a settlement between the parties, which was approved by the court. The court found that the settlement was made without coercion, allowing for the quashing of the FIR per established legal principles. The court referenced Gian Singh vs State of Punjab and B.S. Joshi v. State of Haryana regarding the quashing of non-compoundable offenses upon amicable resolution. The result is the quashing of the FIR with a stipulation for community service by the petitioner.
| Table of Content |
|---|
| 1. petition to quash fir based on settlement. (Para 1 , 2 , 3) |
| 2. confirmation of settlement by parties. (Para 4 , 5 , 6) |
| 3. legal standards for quashing based on prior cases. (Para 7 , 8) |
| 4. court condition for quashing includes community service. (Para 9 , 10) |
| 5. final decision of the court. (Para 11 , 12) |
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , seeking quashing of FIR No.222/2025, dated 29.08.2025, registered at PS Sector 23 Dwarka, District Dwarka, Delhi under sections 75 BNS (354A IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations made in the FIR, on 25.07.2025, her employer/petitioner sexually assaulted her by hugging, kissing her on forehead and lips, and touching her waist without consent. FIR No. 222/2025 was lodged at the instance of Respondent no. 2 under section 75 BNS against the petitioner.
3. During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding dated 19.09.2025, copy of which has been annexed.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Ekta, from PS Sector 23 Dwarka.
5. 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. 222/2025 is quashed against the Petitioner.
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. 222/2025 is quashed.
7. 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:-
"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 aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 222/2025, dated 29.08.2025, registered at PS Sector 23 Dwarka, District Dwarka, Delhi under sections 75 BNS and all the other consequential proceeding emanating therefrom.
10. In the interest of justice, the petition is allowed, and the FIR No. 222/2025, dated 29.08.2025, registered at PS Sector 23 Dwarka, District Dwarka, Delhi under sections 75 BNS and all the other consequential proceeding emanating therefrom is hereby quashed, subject to the condition that the petitioner shall render community service at Indira Gandhi Hospital, Dwarka, Sec-9 daily for a period of two weeks w.e.f. 03.11.2025, with the following directions:
i. Petitioner is directed to report to Medical Superintendent of concerned hospital on 03.11.2025 at 10.00 A.M.;
ii. Upon completion of the said period, a certificate confirming the completion of community service shall be issued by the Medical Superintendent of the concerned hospital and the same shall be filed with the Registry;
iii. In the event of any absenteeism