Allowed

Jagmohan Tyag & Ors. v. State of NCT of Delhi & Anr.

Delhi HC12 Sept 2025W.P.(CRL)/2966/2025

Case brief

AI extract

What is this about?

The Delhi High Court allowed petitions for quashing cross-FRs registered for offences under the BNS between neighbours who had settled their dispute. The Court held that while some offences are non-compoundable, the power under Section 528 BNSS can be exercised to quash proceedings to prevent abuse of process and secure ends of justice, subject to costs.

What did the court decide?

FIRs No. 606/2025 and No. 605/2025 and all consequential proceedings were quashed subject to payment of ₹25,000 each by the petitioners to the Delhi Police Martyrs' Fund.

Jagmohan Tyag & Ors. Vs State of NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2025)

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$~70 & 77

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ W.P.(CRL) 2948/2025 & CRL.M.A. 27379/2025

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RAM PRAKASH SINGH &	ORS. .....Petitioners
Through:	Mr. Inderpreet Singh and
	Mr. Rajeev Sharma, Advs.
	All the petitioners in
versus	person.
THE STATE NCT OF DELH	I AND ANR .....Respondents
Through:	Mr. Yasir Rauf Ansari,
	ASC for the State with Mr.
	Alok Sharma, Adv. with
	SI Rashi, PS Burari.
	Mr. Ravi Kumar, Mr.
	Shailesh Kumar Sinha,
	Ms. Nisha and Ms.
	Sandhya Somvanshi,
	Advs. for R-2. R-2 in person.

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W.P.(CRL) 2966/2025

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JAGMOHAN TYAG & ORS.	.....Petitioners
Through: Mr.	Ravi Kumar, Mr.
Shail	esh Kumar Sinha,
Ms.	Nisha and Ms.
Sand Advs	hya Somvanshi, .
All	the petitioners in
perso versus	n.
STATE OF NCT OF DELHI & ANR	. .....Respondents
Through: Mr.	Yasir Rauf Ansari,
ASC	for the State with Mr.
Alok	Sharma, Adv. with
SI Ra R-2 i	shi, PS Burari. n person.

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CORAM:

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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Page 1 of 7

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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 26/09/2025 at 12:00:28

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HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 12.09.2025

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The present petitions are filed seeking quashing of FIR No. 606/2025 and FIR No. 605/2025 respectively, both dated 14.07.2025, registered at Police Station Burari, for offences under Sections 74/75/76/115(2)/126(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ), including all consequential proceedings arising therefrom.

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It is averred that the parties are neighbours. It is alleged that on 14.07.2025, due to some misunderstanding, a scuffle took place between the parties, which led to registration of the present cross-FIRs. Allegations in relation to disrobing and misbehaviour have been made in both the FIRs.

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The present petitions have been filed on the ground that the parties have settled their disputes by way of respective Settlement Deeds dated 04.09.2025, with the intervention of respectable persons of the locality, on their own free will, without any pressure, threat, coercion, undue influence, fraud or misrepresentation.

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The parties are present in person in Court and have been duly identified by the Investigating Officer. 5. On being asked, the respective victims in both the cases state that they do no wish to pursue any proceedings arising out of the respective FIRs and have no objection if the same are quashed. They state that they wish to live peacefully in the future and they have no remaining grievance.

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The parties undertake to not indulge in such activities in the future.

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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Page 2 of 7

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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 26/09/2025 at 12:00:28

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The parties are bound to the said undertaking,

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Offences under Sections 115(2)/126(2) of the BNS are compoundable, whereas offences under Sections 74/75/76 of the BNS are 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 offences which are noncompoundable 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:

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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:

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Page 3 of 7

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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This is a digitally signed order. 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 26/09/2025 at 12:00:28

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(i) ends of justice, or

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(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. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to 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

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This is a digitally signed order.

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Page 4 of 7

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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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 26/09/2025 at 12:00:28

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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 non-compoundable.

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16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent 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

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Page 5 of 7

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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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 26/09/2025 at 12:00:28

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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. 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 justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or 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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In the present matters, the respective victims have stated that they do not wish to pursue the proceedings arising out of the respective FIRs. In the peculiar circumstances of the case, it is unlikely that the present cross-FIRs will result in conviction when the victims do not wish to pursue the respective cases. As the parties are neighbours, continuation of the proceedings would only cause undue harassment and heartburn.

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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Page 6 of 7

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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 26/09/2025 at 12:00:28

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Keeping in view the nature of the dispute and that the parties have amicably entered into a settlement, 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 discretionary jurisdiction under Section 528 of the BNSS.

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However, keeping in mind the fact that the State machinery has been put to motion, ends of justice would be served if the respective petitioners are put to cost.

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In view of the above, FIR No. 606/2025 and all consequential proceedings arising therefrom are quashed, subject to payment of a total cost of ₹25,000/- by the petitioners in W.P.(CRL) 2948/2025, to be deposited with the Delhi Police Martyrs’ Fund, within a period of eight weeks from date. 15. Similarly, FIR No. 605/2025 and all consequential proceedings arising therefrom are quashed, subject to payment of a total cost of ₹25,000/- by the petitioners in W.P.(CRL) 2966/2025, to be deposited with the Delhi Police Martyrs’ Fund, within a period of eight weeks from date.

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

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The present petitions are allowed in the aforesaid terms. Pending application also stands disposed of.

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A copy of this order be placed in both the matters.

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AMIT MAHAJAN, J

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SEPTEMBER 12, 2025/ ‘KDK’

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W.P.(CRL) 2948/2025 & W.P.(CRL) 2966/2025

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This is a digitally signed order.

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Page 7 of 7

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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 26/09/2025 at 12:00:28

Jagmohan Tyag & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Jagmohan Tyag & Ors. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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