Radhey Shyam v. State NCT Of Delhi & ANR.
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 4275/2025, CRL.M.A. 38491/2025 RADHEY SHYAM .....Petitioner Through:
Mr. Chetan Bhardwaj, Ms. Priyal Bhardwaj and Mr. Priyanshu Vishwakarma, Advocates.
versus STATE NCT OF DELHI & ANR.
.....Respondents Through:
Mr Ayush Jain, Mr. Tushar Thakur, Mr. Yashovardhan Upadhyay, Mr. Vishwas Verma and Mr. Lakshay Aggarwal, Advocates for R-2.
SI Jitender Kumar, PS-Nangloi.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 22.12.2025 1.
This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 482 of the Code of Criminal Procedure, 19732) seeks quashing of FIR No. 317/2023, registered at P.S. Nangloi for the offences under Sections 323/341/506 of the Indian Penal Code, 18603 and all consequential proceedings emanating therefrom. 2.
The prosecution case emanates from a complaint filed by Respondent No. 2, an Assistant Sub-Inspector in the Delhi Police, alleging that on 18th April, 2023, he witnessed the Petitioner verbally abusing and using obscene 1 "BNSS"
2 "CrPC"
3 "IPC"
W.P.(CRL) 4275/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
language towards a man and a woman, and physically assaulting them. It is alleged that when the complainant intervened, the Petitioner pushed him to the ground and began assaulting him, thereby causing injuries. On the basis of this complaint, the subject FIR came to be registered. 3.
Pertinently, the Petitioner, who is posted as Head Constable in the Delhi Police, lodged a complaint against Respondent No. 2 in respect of the same incident, resulting in the registration of cross-FIR No. 319/2023 at P.S. Nangloi.
4.
The parties have since amicably resolved all their disputes and differences. Respondent No. 2 has expressed his decision not to pursue the present FIR against the Petitioner. Correspondingly, the Petitioner has also consented to the quashing of the cross-FIR No. 319/2023, which is being quashed in separate proceedings today in W.P.(CRL) 2374/2023. 5.
The complainant, who appears in person and is identified by the Investigating Officer, unequivocally states that he does not wish to pursue the FIR proceedings. He confirms that his decision to settle the matter is voluntary and made without any undue influence or coercion. In light of the amicable resolution between the parties, the Petitioner seeks quashing of the subject FIR and all proceedings arising therefrom. 6.
The Court has considered the submissions of the parties. The offences under Sections 323, 341 and 506 IPC are compoundable, albeit with the permission of the Court, and only at the instance of the aggrieved parties. However, that does not debar the High Court from resorting to its inherent power under Section 528 of BNSS (formerly, Section 482 of Cr.P.C.) and pass an appropriate order so as to secure the ends of justice. 7.
Having regard to the nature of the dispute and the fact that the W.P.(CRL) 4275/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aggrieved party has amicably settled the matter, this Court is of the view that continuation of the criminal proceedings would serve no useful purpose. In the circumstances, this is a fit case for exercise of jurisdiction under Section 528 of BNSS, as the continuance of proceedings would amount to an abuse of the process of law and impede the ends of justice. 8.
In view of the foregoing, the petition is allowed and FIR No. 317/2023 P.S. Nangloi, as well as all consequential proceedings arising therefrom are hereby quashed.
9.
The parties shall remain bound by the terms of settlement. 10.
Accordingly, the petition is disposed of along with pending application.
SANJEEV NARULA, J DECEMBER 22, 2025 nk W.P.(CRL) 4275/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.