Pushpender Gautam Vs State NCT of Delhi and Anr. — Delhi HC (2026) — LawSathi Research

Pushpender Gautam Vs State NCT of Delhi and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No. 591/2023 dated 30.09.2023 for offences under Sections 279/338 IPC registered at P.S. Vikas Puri, together with all consequential proceedings emanating therefrom; petition and pending application CRL.M.A. 3853/2026 disposed of.

Issue for consideration

Whether FIR No. 591/2023 dated 30.09.2023 registered at P.S. Vikas Puri for offences under Sections 279/337 IPC (subsequently substituted to Sections 279/338 IPC), along with all consequential proceedings arising therefrom, ought to be quashed on the basis of the compromise arrived at between the parties. +1 more

Court's answer

In view of the settlement arrived at between the parties, continuing with the criminal proceedings would serve no useful purpose, especially as the dispute does not involve any public interest and is primarily private in nature.

Ratio / Principle

Even the complainant does not wish to press any charges against the petitioners.

Key takeaways

Exercising the inherent powers vested in this Court under Section 528 of the BNSS, it was deemed appropriate to quash the instant FIR.ratio¶9
To secure the ends of justice, FIR No. 591/2023 dated 30.09.2023 for offences under Sections 279/338 of IPC registered at P.S. Vikas Puri, along with all consequential proceedings emanating therefrom, is quashed.ratio¶10
Although the offence under Section 338 IPC is compoundable and the offence under Section 279 IPC is non-compoundable, the Court nonetheless quashed the FIR on the basis of the parties' settlement.

Detailed headnote1 paragraphs

High Court of Delhi (Manoj Jain, J., oral) disposed of CRL.M.C. 972/2026, quashing FIR No. 591/2023 dated 30.09.2023 of P.S. Vikas Puri — initially under Sections 279/337 IPC and substituted to Sections 279/338 IPC once the injuries were found grievous — pursuant to a compromise arrived at through the Mediation Centre, Dwarka Courts, whereby the solitary injured (respondent No.2) agreed to compound the matter against full and final compensation of Rs.60,000/-, which he confirmed as received. Observing that although the Section 338 IPC offence is compoundable, Section 279 IPC is non-compoundable, and that the dispute was private, involved no public interest, and the complainant did not wish to press charges, the Court exercised its inherent powers under Section 528 of the BNSS to quash the FIR and all consequential proceedings emanating therefrom; pending CRL.M.A. 3853/2026 was likewise disposed of.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 05^th February, 2026

- CRL.M.C. 972/2026 & CRL.M.A. 3853/2026

PUSHPENDER GAUTAM .....Petitioner Through: Mr. Deepak Godara with Mr. Ankit Chauhan, Advocates with petitioner in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Raj Kumar, APP for the State with SI Ramdhan, ASI Rameshwar, Mr. Parth Shah, Advocate for respondent No.2 with respondent No.2 in person.

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

Petitioner seeks quashing of FIR No. 591/2023 dated 30.09.2023 for commission of offences under Sections 279/337 of IPC, registered at P.S. Vikas Puri, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

Initially, FIR was registered for commission of offence under Sections 279/337 IPC. However, once the nature of injuries was found to be grievous in nature, Section 338 of IPC, in place of Section 337 of IPC, was substituted. 3. Charges have already been ascertained and the case is fixed for cross-examination of the injured.

Fortunately, when the matter was sent to Mediation Centre, Dwarka Courts , New Delhi, parties entered into compromise and as per the terms of settlement, the injured has agreed to compound the matter against full and final compensation amount of Rs.60,000/-.

Signature Not Verified

CRL.M.C. 972/2026 1

Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2026 12:18:52

Respondent No.2, who is solitary injured of the accident in question, is present in Court. He submits that he was driving a scooty when he was hit by a car driven by the petitioner herein. He reiterates the terms of settlement and has no objection if the present FIR is quashed. He also submits that he has already received the compensation amount of Rs.60,000/-. Though the offence under Section 338 of IPC is compoundable in nature, Section 279 of IPC is non-compoundable.

Petitioner is also present in Court. 7. Respondent No.2 is represented by his counsel. The Investigating Officer (I.O.) is present and identifies respondent No.2.

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 petitioners.

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. 591/2023 dated 30.09.2023 for commission of offences under Sections 279/338 of IPC, registered at P.S. Vikas Puri along with all consequential proceedings emanating therefrom, is hereby, quashed.

The petition stands disposed of in aforesaid terms.

Pending application also stands disposed of.

(MANOJ JAIN)

JUDGE

FEBRUARY 05, 2026/st/js

Signature Not Verified

CRL.M.C. 972/2026 2

Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2026 12:18:52