Allowed

Jai Kishan & Ors. v. State NCT of Delhi & Ors.

Delhi HC5 May 2025CRL.M.C./2515/2025

Case brief

AI extract

What is this about?

Petition to quash an FIR arising from a land-dispute assault after the parties settled amicably by deed. Applying Supreme Court guidelines on quashing non-compoundable offences on settlement, the High Court quashed the FIR and consequential proceedings, subject to costs.

What did the court decide?

FIR No. 34/2018 and all consequential proceedings quashed, subject to petitioners depositing ₹20,000 with Delhi Police Welfare Society within four weeks; proof to be given to SHO.

Jai Kishan & Ors. Vs State NCT of Delhi & Ors. — Quashing and FIR | Delhi HC (2025)

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$~68

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2515/2025

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JAI KISHAN & ORS. .....Petitioners Through: Mr. Akshat Gupta, Adv. (through VC) All the petitioners in person.

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versus

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STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Sunil Kumar Gautam, APP for the State with SI Sachin, PS Mahendra Park. R-2 and R-3 in person.

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CORAM:

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HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R

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% 05.05.2025 CRL.M.A. 11248/2025 (exemption from filing neatly typed / properly margined copies of dim annexures and certified copies)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of. CRL.M.C. 2515/2025

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The present petition is filed seeking quashing of FIR No. 34/2018 dated 22.01.2018, registered at Police Station Mahendra Park, for offences under Sections 448/452/323/506/34 of the Indian Penal Code, 1860 ( IPC ), including all consequential proceedings arising therefrom. The chargesheet has been filed in the present case.

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The FIR was registered on a complaint given by Respondent No. 2. It is alleged that on 21.01.2018, owing to some dispute in relation to land, the petitioners came to the

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This is a digitally signed order. jhuggi of Respondent No. 2 and attacked him with sticks. It is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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CRL.M.C. 2515/2025

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alleged that the petitioners also threatened Respondent No. 2 of dire consequences should he fail to withdraw some complaint lodged by him in relation to the land dispute.

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Thereafter, when Respondent No. 3, tried to intervene in order to save Respondent No. 2, the petitioners started beating him as well. The same culminated into the registration of the present FIR.

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The present petition is filed on the ground that the matter is amicably settled between the parties by way of Settlement Deed dated 10.02.2025.

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It is pointed out that the cross-FIR has already been quashed.

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On 15.04.2025, Respondent Nos. 2 and 3 appeared before the learned Joint Registrar (Judicial) and gave a voluntary statement that the dispute has been settled vide Settlement Deed dated 10.02.2025 and the settlement has been arrived at between the parties without any force, coercion, undue influence and pressure. The settlement deed has been signed with wish and will.

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The petitioners and Respondent Nos. 2 and 3 are present in Court today and have been duly identified by the Investigating Officer.

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Respondent Nos. 2 and 3 submit that they have arrived at the settlement out of their own free will, without any coercion, pressure or undue influence. They state that they have no objection if the present FIR and all consequential proceedings arising therefrom are quashed.

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Offences under Sections 448/323/506 of the IPC are This is a digitally signed order. compoundable whereas offence under Section 452 of the IPC is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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CRL.M.C. 2515/2025

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non-compoundable.

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It is well settled that the High Court while exercising its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’) [ erstwhile Section 482 of the Code of Criminal Procedure, 1973] can quash proceedings in which offence is non-compoundable on the ground that there is a compromise between the accused and the complainant. The Hon’ble Apex Court has laid down parameters and guidelines for High Court while accepting settlement and quashing the proceedings. In the case of Narinder Singh & Ors. v. State of Punjab & Anr. : (2014) 6 SCC 466 , the Hon’ble Supreme Court had observed as under :-

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“29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings: 29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution.

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29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court.

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While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.

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29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc.

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This is a digitally signed order. Such offences are not private in nature and have a serious The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. impact on society. Similarly, for the offences alleged to The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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CRL.M.C. 2515/2025

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have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender.

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29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.

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29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases.”

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(emphasis supplied)

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Similarly, in the case of Parbatbhai Aahir & Ors. v. State of Gujarat & Anr. : (2017) 9 SCC 641 , the Hon’ble Supreme Court had observed as under :-

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“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:

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16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court.

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16.2. The invocation of the jurisdiction of the High Court to quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is noncompoundable.

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16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction This is a digitally signed order. under Section 482, the High Court must evaluate whether the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. ends of justice would justify the exercise of the inherent The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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This is a digitally signed order.

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CRL.M.C. 2515/2025

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power.

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16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court.

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16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

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16.6. In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.

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16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

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16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute.

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16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and

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16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be This is a digitally signed order. justified in declining to quash where the offender is involved The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. in an activity akin to a financial or economic fraud or The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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This is a digitally signed order.

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CRL.M.C. 2515/2025

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misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.”

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(emphasis supplied)

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It is stated that the parties are acquaintances and they have since settled the dispute amicably. Keeping in view the nature of the dispute and that the parties have amicably resolved their disputes, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the opinion that this is a fit case to exercise the discretionary jurisdiction under Section 528 of the BNSS.

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However, keeping in mind the fact that the matter is pending since the year 2018 and the State machinery has been put to motion, ends of justice would be served if the petitioners are put to cost.

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In view of the above, FIR No. 34/2018 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹20,000/- by the petitioners, to be deposited with the Delhi Police Welfare Society, within a period of four weeks from date.

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Let the proof of deposit of cost be submitted to the concerned SHO.

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The present petition is allowed in the aforesaid terms.

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AMIT MAHAJAN, J

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MAY 5, 2025 ‘KDK’

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2025 at 11:37:16

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CRL.M.C. 2515/2025

Jai Kishan & Ors. v. State NCT of Delhi & Ors.

Case brief

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What did the court decide?

Jai Kishan & Ors. v. State NCT of Delhi & Ors.

Case brief

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