Allowed

Maj.Gen(Retd.) Hc Dua v. Govt.of NCT of Delhi & Ors.

Delhi HC17 Sept 2025W.P.(CRL)/3002/2025

Case brief

AI extract

What is this about?

The Delhi High Court quashed an FIR regarding a traffic accident where the petitioner drove rashly and negligently, causing injuries. Relying on Supreme Court precedents, the court held that despite the offence being non-compoundable, the inherent power under Section 528 BNSS could be exercised as the case had a civil character, a settlement was reached, and conviction was remote.

What did the court decide?

FIR No. 16/2025 and all consequential proceedings quashed subject to payment of cost of ₹10,000/- by the petitioner to be deposited with Delhi Police welfare Society within eight weeks.

Maj.Gen(Retd.) Hc Dua Vs Govt.of NCT of Delhi & Ors. — Bail and Remand | Delhi HC (2025)

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$~71

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

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W.P.(CRL) 3002/2025 & CRL.M.A. 27828/2025 MAJ.GEN(RETD.) HC DUA .....Petitioner Through: Mr. Divij Soni, Advocate along with petitioner in person.

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versus

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GOVT.OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC for the State with Mr. Arjit Sharma and Ms. Sakshi Jha, Advocates. SI Shubhangi, PS Barakhamba Road. Respondents No.2 to 4 in person.

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

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% 17.09.2025

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The present petition is filed seeking quashing of FIR No. 16/2025 dated 29.01.2025, registered at Police Station Barakhamba Road, for offences under Sections 281/125(a) of the Bharatiya Nyaya Sanhita, 2023 (‘ BNS ’), including all consequential proceedings arising therefrom.

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It is alleged that on 28.01.2025, at around 5:45 PM, when Respondents No.2 to 4 were present at a tea stall at the back gate of Arunachal Building and Vijaya Building, a car driven in a rash and negligent manner came and hit them, due to which, they sustained injuries. It was found that that the car was being driven by the petitioner, who is close to 82 years of age and is a retired army personnel.

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W.P.(CRL) 3002/2025

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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 04/10/2025 at 15:51:26

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The learned counsel for the petitioner submits that the FIR arose out of an unintentional accident and the petitioner has unconditionally apologised for the same to the victims. He submits that the petitioner has adequately compensated the victims for the injuries suffered by them.

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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 Agreement dated 23.08.2025, out of their own will, without any force, coercion or pressure.

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In terms of the settlement, the victims have received the settlement amount in the following manner:

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a. Respondent no.2: Out of the total settlement amount of ₹1.50 lakhs, ₹1.20 lakhs has already been paid and the balance amount of ₹30,000/- has been paid today in cash in the Court;

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b. Respondent No.3: Out of the total settlement amount of ₹65,000/-, ₹40,000/- has already been paid and the balance amount of ₹20,000/- has been paid today in cash in the Court; and

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c. Respondent No.4: Out of the total settlement amount of ₹20,000/-, ₹10,000/- has already been paid and the balance amount of ₹10,000/- has been paid today in cash in the Court.

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The petitioner and Respondents No.2 to 4 are present in the Court and have been duly identified by the Investigating Officer.

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On being asked, Respondents No.2 to 4 states that the matter has been settled and they are satisfied with the compensation as well as apology tendered by the petitioner. They W.P.(CRL) 3002/2025 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 04/10/2025 at 15:51:26

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state that they do not wish to pursue any proceedings arising out of the present FIR, and they have no objection if the same is quashed.

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Offence under Section 125(a) of the BNS is compoundable whereas offence under Section 281 of the BNS is noncompoundable.

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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:

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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) 3002/2025

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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 04/10/2025 at 15:51:26

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(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. 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 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

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Page 4 of 7

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W.P.(CRL) 3002/2025

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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 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 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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Page 5 of 7

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W.P.(CRL) 3002/2025

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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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From the perusal of the FIR, it appears to be a case of an accident. Given the fact that the victims have already settled with the petitioner, it would be improbable to secure a conviction in the facts of the present case.

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Thus, 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 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 petitioner is put to cost.

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In view of the above, FIR No. 16/2025 and all consequential proceedings arising therefrom are quashed, subject to payment of cost of ₹10,000/- by the petitioner, to be deposited with Delhi Police welfare Society, within a period of eight weeks

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W.P.(CRL) 3002/2025

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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 04/10/2025 at 15:51:26

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from date.

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

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It is pointed out that the victims have also filed a claim petition before the Motor Accident Claims Tribunal. It is clarified that the present settlement shall not affect any proceedings before the learned MACT.

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The present petition is allowed in the aforesaid terms.

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AMIT MAHAJAN, J

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SEPTEMBER 17, 2025 DU

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Page 7 of 7

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W.P.(CRL) 3002/2025

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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 04/10/2025 at 15:51:26

Maj.Gen(Retd.) Hc Dua v. Govt.of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Maj.Gen(Retd.) Hc Dua v. Govt.of NCT of Delhi & Ors.

Case brief

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What did the court decide?

What the court decided

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