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Judgment
Ravinder Dudeja, J
This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0130/2022, dated 04.03.2022, registered at P.S Sector 23 Dwarka under sections 3(1)(r)/3(1)(S) of the SC and ST (Prevention of Atrocities) Act, 1989 and all proceedings emanating therefrom on the basis of settlement between the parties.
The Petitioner no.1 lodged FIR no. 24/2022 under section 354D/509 IPC registered at PS Dwarka against the Respondent no.2. The allegations in the present FIR no. 130/2022 relate to harassment of the Respondent no.2 by the Petitioners by using casteist words, an alleged conspiracy to trap him in false allegations of harassment and him being assaulted on duty at workplace. Upon completion of investigation, a closure report was filed- against which a protest petition was filed by the Respondent no.2 which was dismissed by Ld. ASJ, South-West, Dwarka Courts, New Delhi vide order dated 16.05.2023 and matter was remanded by this Court to the trial court on 22.09.2023 for limited consideration.
It is submitted that during the proceedings, the parties have amicably resolved their disputes and executed a Memorandum of Understanding (MoU) dated 24.04.2025. In pursuance of the Settlement, the parties have voluntarily agreed to quash their respective FIR by filing separated quashing petitions before this Court. It is submitted that all the previous complaints and litigations initiated by the parties has been withdrawn and all conditions of the MoU have been fulfilled. The copy of MoU dated 24.04.2025 has been placed on record as Annexure P-6.
Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer SI Rakesh Kumar, from PS Sector 23, Dwarka.
Respondent No.2 confirms that the matter has been settled with the petitioners without any force, fear, coercion and he has no objection if the FIR No. 0130/2022 is quashed against the Petitioners. Petitioners undertake that they will cooperate with respondent No. 2 in getting the FIR No. 24/2022 under section 354D/509 IPC registered at PS Dwarka, quashed.
In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0130/2022 is quashed.
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."
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. 0130/2022, dated 04.03.2022, registered at P.S Sector 23 Dwarka under sections 3(1)(r)/3(1)(S) of the SC and ST (Prevention of Atrocities) Act, 1989 and all the other consequential proceeding emanating therefrom.
In the interest of justice, the petition is allowed, and the FIR No. 0130/2022, dated 04.03.2022, registered at P.S Sector 23 Dwarka under sections 3(1)(r)/3(1)(S) of the SC and ST (Prevention of Atrocities) Act, 1989 and all the other consequential proceeding emanating therefrom is hereby quashed.
Petition is allowed and disposed of accordingly.
Pending application(s), if any, also stand disposed of.