Tushar Vs the State NCT of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

Tushar Vs the State NCT of Delhi & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

FIR No.0004/2026 dated 06.01.2026, P.S. Sector 23 Dwarka, for offences under Sections 115(2)/126(2)/351(2) BNS 2023, and all consequential proceedings emanating therefrom, quashed under Section 528 BNSS; the petition and the pending application (CRL.M.A. 5938/2026) stand disposed of accordingly.

Issue for consideration

Whether FIR No.0004/2026 dated 06.01.2026, P.S. Sector 23 Dwarka (Sections 115(2)/126(2)/351(2) BNS 2023), and all consequential proceedings arising therefrom should be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

The settlement was found to be genuine and voluntary: the injured respondent No.2 and respondent No.3, joining through video-conferencing and identified by the I.O., affirmed that the parties entered into the settlement of their own free will without coercion or influence, and respondent No.2 confirmed adequate reimbursement of medical expenditure and receipt of the settlement amount with no objection to quashing.

Ratio / Principle

In view of the settlement arrived at between the parties, continuing with the criminal proceedings would serve no useful purpose, especially since the dispute does not involve any public interest and is primarily private in nature; in any case the complainant does not wish to press charges against the petitioner.

Key takeaways

Exercising the inherent powers vested in the Court under Section 528 of the BNSS, the Court deemed it appropriate to quash the instant FIR.ratio¶9
To secure the ends of justice, FIR No.0004/2026 dated 06.01.2026 registered at P.S. Sector 23 Dwarka for offences under Sections 115(2)/126(2)/351(2) BNS 2023 (corresponding Sections 323/341/506 IPC), along with all consequential proceedings emanating therefrom, is quashed.ratio¶10
Direction: both sides to hand over the original Memorandum of Understanding dated 06.02.2026 and the original affidavits of respondent Nos. 2 and 3 to the Investigating Officer within one week, and the I.O. shall keep all such documents in the case diary.

Detailed headnote1 paragraphs

High Court of Delhi (Manoj Jain, J., oral) — CRL.M.C. 1470/2026, decided 23.02.2026 (Tushar v. The State NCT of Delhi & Ors.): Quashing of FIR No.0004/2026 dated 06.01.2026, P.S. Sector 23 Dwarka, for offences under Sections 115(2)/126(2)/351(2) Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 323/341/506 IPC), on the basis of compromise. The FIR arose from a 06.02.2026 dispute over entry of the petitioner's unstickered car into Akshardham Apartments, Sector 19 Dwarka, in which the security-guard complainant (Narender Sharma, respondent No.2) was allegedly abused, threatened and assaulted. Parties settled through an MoU dated 06.02.2026 premised on the accused's unconditional apology, whereby the complainant and prosecution witness Bhule Singh Chautala (respondent No.3) pardoned the accused. Both respondents joined proceedings by video-conferencing, affirmed the settlement was voluntary and without coercion, and respondent No.2 confirmed reimbursement of medical expenditure and receipt of the settlement amount. As the dispute was held to be purely private with no public-interest element, continuing criminal proceedings would serve no useful purpose; exercising inherent powers under Section 528 BNSS, the FIR and all consequential proceedings were quashed to secure the ends of justice. Original MoU and affidavits to be handed to the I.O. within one week for retention in the case diary; petition and pending application disposed of.

$~70

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 23^rd February, 2026

- CRL.M.C. 1470/2026 & CRL.M.A. 5938/2026 TUSHAR

.....Petitioner Through: Mr. Anirudh Yadav, Advocate.

versus

THE STATE NCT OF DELHI & ORS.

.....Respondent Through: Mr. Hemant Mehla, APP for the State with SI Sandeep Yadav.

CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Petitioner herein seeks quashing of FIR No.0004/2026 dated 06.01.2026, registered at P.S. Sector 23 Dwarka, for commission of offences under Sections 115(2)/126(2)/351(2) of Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections 323/341/506 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

The abovesaid FIR was registered on the basis of complaint of one Mr. Narender Sharma (respondent No.2 herein), who was posted as security guard at Akshardham Apartments, Sector 19 Dwarka, New Delhi.

On the date of the incident, i.e., 06.02.2026, a dispute arose between the Petitioner and respondent Nos. 2 and 3 regarding the entry of the Petitioner’s car into the society premises, as the vehicle did not bear the requisite society sticker on its windshield, owing to which it was stopped at

Signature Not Verified

CRL.M.C. 1470/2026 1

Digitally Signed By:DINESH CHANDRA Signing Da te:2 4.02.2026 16:09:18

the gate. The accused, who was on wheels, got annoyed because of the abovesaid act of the complainant and started abusing him and, eventually, threatened him and assaulted him.

The matter has, however, been amicably settled between the parties and Memorandum of Understanding (MoU) dated 06.02.2026 has also been placed on record which indicates that on basis of ‘ unconditional apology’ tendered by the accused, the complainant-Mr. Narender Sharma as well as one another prosecution witness i.e. Mr. Bhule Singh Chautala (respondent No.3 herein) have pardoned the accused and, therefore, they have no objection if the FIR in question is quashed.

The affidavits of the injured/respondent No.2-Mr. Narender Sharma as well of respondent No.3- Mr. Bhule Singh Chautala have been placed on record and they both have joined the proceedings through video-conferencing from the concerned police station and are present with I.O.-SI Sandeep Yadav.

I.O. identifies them and they both submit that the parties have voluntarily entered into settlement of their own free will without any coercion and influence.

When asked, respondent No.2 responded that he has been adequately reimbursed for his medical expenditure and has received the settlement amount and therefore, he would have no-objection if the FIR in question is quashed.

In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the

Signature Not Verified

CRL.M.C. 1470/2026 2

Digitally Signed By:DINESH CHANDRA Signing Da te:2 4.02.2026 16:09:18

petitioner.

Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR. 10. Consequently, to secure the ends of justice, FIR No.0004/2026 dated 06.01.2026, registered at P.S. Sector 23 Dwarka, for commission of offences under Sections 115(2)/126(2)/351(2) of Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections 323/341/506 IPC) , along with all consequential proceedings emanating therefrom, is hereby, quashed.

Both the sides would ensure that the original copy of Memorandum of Understanding dated 06.02.2026 and the original affidavits of respondent Nos. 2 and 3 are handed over to the Investigating Officer within one week from today and I.O. shall keep all such documents in case diary.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

FEBRUARY 23, 2026/ss/sa

Signature Not Verified

CRL.M.C. 1470/2026 3

Digitally Signed By:DINESH CHANDRA Signing Da te:2 4.02.2026 16:09:18