The High Court of Delhi allowed a writ petition seeking quashing of an FIR for attempted murder and offence to public tranquility registered under the IPC, relying on the parties' peaceful settlement under Section 528 of BNS 2023.
FIR No. 0203/2024 and proceedings emanating therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MAHIPAL SINGH & ORS. .....Petitioners
Through: Mr. Sushil Kumar Singh, Advocate (through VC) with P-1, 2, 3, 4 and 5 in person
versus
THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for the State with Ms. Priyam Agrawal, Mr. Abhinav Arya and Mr. Aryan Sachdeva, Advocates SI Ashish Panwar and SI Sanjeev, P.S. Ghazipur Mr. Jogender Singh and Mr. Anuj Kumar Lohia, Advocates for R-2 with Ms. Pushpa, R-2 in person
CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 21.01.2025 CRL.M.A. 32975/2024 (for exemption)
W.P.(CRL) 3430/2024
Page 1 of 3
W.P.(CRL) 3430/2024
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 24/01/2025 at 16:48:49
offences under Sections 308/34 of the Indian Penal Code, 1860 (IPC). The said FIR was registered on a complaint filed by Respondent No. 2.
Page 2 of 3
W.P.(CRL) 3430/2024
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 24/01/2025 at 16:48:49
opinion that it is a fit case to exercise discretionary jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
MANMEET PRITAM SINGH ARORA, J
JANUARY 21, 2025/ msh/ms
Click here to check corrigendum, if any
Page 3 of 3
W.P.(CRL) 3430/2024
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 24/01/2025 at 16:48:49
2 issues framed by the court
Whether the discretionary jurisdiction under Section 528 of BNS 2023 applies to quash an FIR where parties have amicably settled and the chance of conviction is remote.
Whether continuation of proceedings constitutes an abuse of process of law given the settled nature of the dispute.
1 provisions across 1 enactments
MAHIPAL SINGH & ORS.
THE STATE GOVT. OF NCT OF DELHI
Respondent No. 2
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
