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Judgment
Both the abovesaid petitions, being connected and arising out of cross-FIRs, are being taken up together.
The incident is of 16.02.2018 and is, essentially, between the families of landlord and tenant. As per the allegations appearing in FIR No.59/2018 registered at P.S. Sarita Vihar, which is at the instance of such tenant, the landlady with her son and daughter forcibly entered in the tenanted premises and started quarreling and assaulting her. She claimed that Rohit had caught hold of her hand and inappropriately touched and assaulted her. Based on the abovesaid allegations, FIR No.59/2018 was registered for committing offences under Sections 354/506/509/323/34 IPC. There are three accused in the abovesaid case.
In relation to the same incident dated 16.02.2018, a cross-FIR was registered on the basis of the complaint made by said landlady, who claimed that the tenants were not paying complete rent, which resulted in some scuffle. She alleged that such tenant and her husband had abused and threatened them and that she was also inappropriately touched. Such cross-FIR i.e. FIR No.135/2018 dated 31.05.2018 was registered at P.S. Sarita Vihar for the commission of offences under Sections 354/509/323/34 IPC.
Charges have been framed in both the abovesaid matters and the cases are at the stage of prosecution evidence. The next date before the learned Trial Court is stated to be 07.12.2026.
Fact, however, remains that during pendency of the abovesaid matters, when the cases were referred to Mediation, parties were able to resolve all their disputes. Reference be made to Mediation Order dated 13.11.2025 of Mediation Centre, Saket Courts, New Delhi. As per said Mediation Order, both the sides have resolved all their disputes and differences amicably and have tendered unconditional apology to the respective complainant(s). It also records that such compromise is without any consideration and the complainants, therefore, do not wish to pursue their matters against respective accused persons. The concerned accused persons have also undertaken that they would not indulge in any such activity again.
It is in the abovesaid backdrop that the quashing is being sought.
The concerned Investigating Officer is present.
Both the sides are present with their respective counsel.
The concerned complainants have been duly identified by their respective counsel as well as by the Investigating Officer. They reiterate the terms of settlement and state that they have entered into abovesaid compromise without any coercion and influence from any corner whatsoever and, therefore, they would have ‘no objection’ if the present FIRs in question are quashed.
The tenants-accused have already vacated the premises in question and are now residing somewhere else.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.
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.
Consequently, to secure the ends of justice, FIR No.59/2018 registered at P.S. Sarita Vihar, for commission of offences under Sections 354/506/509/323/34 IPC and FIR No.135/2018 registered at P.S. Sarita Vihar, for the commission of offences under Sections 354/509/323/34 IPC, along with all consequential proceedings arising therefrom, are, hereby, quashed subject to petitioners collectively depositing total cost of Rs. 10,000/- in each of the petition, in the account of Delhi High Court Legal Services Committee within four weeks from today.
Proof of deposit of cost 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 further period of two weeks, so that these become part of Trial Court Record.
The petitions stand disposed of in aforesaid terms.
Pending application also stands disposed of.