In a recent judgment delivered on August 7, 2025, the Delhi High Court quashed an FIR registered against petitioners Om Kant and others. The decision came after the parties involved mutually settled their disputes, leading to the complainant withdrawing her allegations.
Background of the Case
The petitioners had filed a petition seeking the quashing of FIR No. 207/2021, registered at Police Station Samaypur Badli. The FIR included charges under Sections 323 (punishment for voluntarily causing hurt), 354B (assault or use of criminal force to woman with intent to disrobe), 509 (word, gesture, or act intended to insult the modesty of a woman), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). The primary ground for quashing was that the complainant, respondent no. 2, had reached a compromise with the petitioners.
Court Proceedings and Submissions
During the hearing, respondent no. 2 was present in court and identified by the Investigating Officer (IO), SI Priyanka. The respondent confirmed that she had settled the disputes with the petitioners and no longer wished to pursue the case. The Additional Public Prosecutor (APP) representing the State also acknowledged the settlement.
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Justice Girish Kathpalia noted that the dispute arose from an incident involving two parties, leading to cross FIRs. The cross FIR, bearing No. 202/2021, had already been quashed by a coordinate bench of the same court on the same day. The court was informed that the parties were relatives and had resolved their differences amicably.
Imposition of Costs
The APP highlighted that while quashing the cross FIR, the coordinate bench had imposed a cost of Rs. 5,000 on each petitioner, to be deposited with the Delhi High Court Legal Services Committee (DHCLSC). Considering this precedent, Justice Kathpalia deemed it appropriate to impose a similar cost in the present case.
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After evaluating the circumstances, the court concluded that forcing the parties to undergo a trial would not serve the interests of justice. Consequently, the petition was allowed, and FIR No. 207/2021, along with all ensuing proceedings, was quashed. The order was conditional upon each petitioner depositing Rs. 5,000 with the DHCLSC within one week.
Justice Girish Kathpalia stated:
"Considering the above circumstances, I am satisfied that it would be in the interest of justice not to push the parties through trial."
Case Title: Om Kant & Ors. vs. The State (NCT) of Delhi & Anr.
Case Number: CRL.M.C. 1734/2025 & CRL.M.A. 7782/2025
