Allowed¶25

Shyam v. State NCT of Delhi and Anr.

Delhi HC12 Sept 2025W.P.(CRL)/2945/2025

Case brief

AI extract

What is this about?

Quashing of FIR on basis of compromise/settlement between parties; W.P.(CRL) 2945/2025, High Court of Delhi, Arun Monga, J., order dated 12.09.2025; FIR No. 576/2024 dated 24.10.2024, P.S. New Usmanpur; Sections 115, 126(2), 332(c), 309(4), 3(5) BNS 2023 (vandalism, assault, looting Rs. 1,35,000, CCTV/DVR damage); inherent powers Section 528 BNSS; Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303; settlement deed dated 30.08.2025; complainant's no-objection affidavit and voluntary compromise; abuse of process; all consequential proceedings quashed.

What did the court decide?

FIR No.576/2024 dated 24.10.2024 registered at Police Station New Usmanpur and all criminal/consequential proceedings emanating therefrom quashed; all pending application(s), if any, stand disposed of. ¶25

Shyam Vs State NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether FIR No. 576/2024 dated 24.10.2024 registered at Police Station New Usmanpur under Sections 115, 126(2), 332(c), 309(4) and 3(5) of BNS, 2023, along with all consequential proceedings, should be quashed on the basis of the compromise arrived at between the parties.

¶12

Court's answer

Since the dispute between the parties stands amicably resolved and the complainant does not wish to pursue the case, continuation of the criminal proceedings would serve no useful purpose, amount to an abuse of the process of law, and unnecessarily burden the judicial system.

¶20

Ratio / Principle

Invoking the inherent powers of the Court under Section 528 of the BNSS, it was deemed expedient to quash the FIR in question, with reference to Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303.

¶25

Key takeaways

The criminal proceedings arising out of FIR No.576/2024 dated 24.10.2024 for the alleged offenses under Sections 115, 126(2), 332(c), 309(4) and 3(5) of BNS, 2023, registered at Police Station New Usmanpur, along with all proceedings emanating therefrom, are quashed.ratio¶25

Detailed headnote1 paragraphs

Delhi High Court (Arun Monga, J.), by order dated 12.09.2025 in W.P.(CRL) 2945/2025, allowed a petition seeking quashing of FIR No. 576/2024 dated 24.10.2024, P.S. New Usmanpur, registered for alleged offences under Sections 115, 126(2), 332(c), 309(4) and 3(5) of BNS, 2023 (vandalization of the complainant-hotel owner's premises, assault on him and his servant Manzoor, looting of about Rs. 1,35,000 and damage to CCTV cameras/DVR). The parties had settled the dispute vide settlement deed dated 30.08.2025 (Annexure-C); the complainant, interacting with the Court, affirmed the compromise was on his own volition without duress or coercion, that no injury of any kind attracting Section 115 and no theft or robbery invoking Section 309 occurred, and filed a no-objection affidavit; both counsel and the ASC for the State concurred. Holding that continuation of proceedings would serve no useful purpose and amount to abuse of the process of law, the Court, invoking inherent powers under Section 528 of the BNSS and citing Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303, quashed the FIR and all proceedings emanating therefrom; pending applications stood disposed of.

¶1

$~67

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 2945/2025 and CRL.M.A. 27374/2025 SHYAM .....Petitioner

¶4

Through: Mr. Brijesh Yadav and Ms. Nikita, Advocates with petitioner in person.

¶5

versus

¶6

STATE NCT OF DELHI AND ANR .....Respondents

¶7

Through: Mr. Amol Sinha, ASC for the State with Mr Kshitiz Garg, Mr. Ashvini Kumar, Mr. Chavi Lazarus, Mr.Nitish Dhawan and Ms. Sanskriti Nimbekar, Advocates.

¶8

SI Suresh Kr. Meena, PS – New Usman Pur. Mr. Narender and Mr. Pankaj, Advocates for respondent no. 2 with respondent no. 2 in person.

¶9

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

¶10

O R D E R

¶11

% 12.09.2025

¶12

Petitioner herein seek quashing of FIR No. 576/2024 dated 24.10.2024 for the alleged offense under Sections 115, 126(2), 332(c), 309(4) and 3(5) of BNS, 2023, registered at Police Station New Usmanpur, along with all consequential proceedings arising therefrom, on the basis of a compromise arrived at between the parties.

¶13

Per FIR, the complainant, a hotel owner, alleged that the Petitioner along with another vandalized his hotel, assaulted him and his servant

¶14

Page 1 of 3

¶15

W.P.(CRL) 2945/2025

¶16

This is a digitally signed order.

¶17

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 25/09/2025 at 12:53:46

¶18

Manzoor, and, looted about ₹1,35,000. It is further alleged that have further damaged CCTV cameras and the DVR.

¶19

Learned Counsel for the petitioner submit that the parties have now amicably settled the dispute to maintain cordial relations vide settlement deed dated 30.08.2025 which is placed on record (Annexure- C) . Learned counsel further submits that the affidavit to the effect of no objection to quashing deposed by respondent No.2/ complainant is also placed on record. 4. Both the counsel for respondent and the learned ASC for the State concur with the factum of the compromise between the parties and convey their no objection to the quashing of the FIR. 5. In the aforesaid backdrop, I have heard learned counsels for the parties, as well as perused the material available on record. 6. The parties are present in Court, and I have interacted with them. On a Court query put to the complainant, he states that he has entered into the compromise on his own volition without any duress or coercion. He submits that a heated altercation between the parties resulted in an unsavoury incident and a cross fight between the two groups, wherein, due to anger and anguish, allegations were leveled, though there was no injury of any kind attracting the ingredients of Section 115 or any kind of theft or robbery so as to invoke Section 309. The said sections were invoked by the police officials based on the allegations, which, he submits, were leveled not realizing the consequences thereof.

¶20

The dispute between the parties thus stands amicably resolved. Continuation of the criminal proceedings would serve no useful purpose, amount to an abuse of the process of law, and unnecessarily burden the judicial system while wasting the valuable time of the investigating agencies

¶21

Page 2 of 3

¶22

W.P.(CRL) 2945/2025

¶23

This is a digitally signed order.

¶24

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 25/09/2025 at 12:53:46

¶25

and the Court. The complainant himself does not wish to pursue the case, and prolonging the proceedings would only perpetuate animosity between the parties, whereas dropping the same would promote peace and harmony. 8. Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh vs. State of Punjab & Anr., (2012) 10 SCC 303. 9. Consequently the criminal proceedings arising out of FIR No.576/2024 dated 24.10.2024 for the alleged offense under Sections 115, 126(2), 332(c), 309(4) and 3(5) of BNS, 2023, registered at Police Station New Usmanpur, along with all the proceedings arising emanating therefrom, are hereby quashed.

¶26

All pending application(s), if any, shall also stand disposed of.

¶27

ARUN MONGA, J

¶28

SEPTEMBER 12, 2025 kd

¶29

Page 3 of 3

¶30

W.P.(CRL) 2945/2025

¶31

This is a digitally signed order.

¶32

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 25/09/2025 at 12:53:46

Shyam v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Shyam v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Surjeet @ Baccha Vs State (Nct of Delhi)

Karanveer Singh Vs the State (Gnct of Delhi) & Anr.

Uzair Abbasi through Its Parokar Kulsum Begum Vs Government of NCT of Delhi & Ors.

Priyanka and Anr. Vs State of NCT of Delhi and Ors.

Anis Khan Vs Municipal Corporation of Delhi & Ors.

Shivam Kumar & Ors. Vs the State of NCT of Delhi and Anr.

Pradeep Kumar & Ors. Vs the State of NCT of Delhi and Anr.

Aman Kumar Tiwari Vs State of NCT of Delhi & Anr.

Hariom & Ors. Vs the State Govt of NCT of Delhi & Anr.

Maqbool Ahamd Vs State Govt. of NCT of Delhi

Karanveer Singh Vs the State (Gnct of Delhi) & Anr.

Nitin Sharma & Ors. Vs State NCT of Delhi & Anr.

Rajnish Rana and Anr. Vs the State NCT of Delhi and Anr.