Arun & ORS. v. State NCT Govt Of Delhi & ANR.
$~47 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 28/2026 ARUN & ORS.
.....Petitioners Through:
Mr. Shannu Baghel, Mr. Ganpat Ram, Mr.
Gorang Goyal, Mr.
Sonam Tomar, Advocates alongwith P-1 to 7 in Person.
versus STATE NCT GOVT OF DELHI & ANR.
.....Respondents Through:
Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou, Mr.
Ankit Kumar Singh & Mr.
Priyansh Raj Singh, Advocates.
SI Mahavir, PS DBG Road.
Mr.
Sachin Pal, Advocate alongwith R-2 in Person.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 29.01.2026 1.
The petitioners have preferred the present petition seeking quashing of FIR No. 472/2025 registered at Police Station D.B.G. Road, Central District, Delhi, on 14.12.2025 under Sections 110/333/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 ["BNS"], alongwith all consequential proceedings emanating therefrom, on the basis of settlement.
2.
Respondent No. 2 lodged a complaint against the petitioners alleging that on 12.12.2025 at about 8:15 PM, he was assaulted while attempting to intervene and free his neighbour, Rahul, from the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioners, and was also threatened with dire consequences if he filed a complaint against them. On the basis of the said complaint, the present FIR was registered at Police Station D.B.G. Road on 14.12.2025. Petitioner No. 7 was arrested on 14.12.2025 and sent to judicial custody. Subsequently, he was enlarged on bail by the Court of Additional Sessions Judge, Fast Track Courts, Tis Hazari Court, Delhi, [in Bail Application No. 2387/2025] on 26.12.2025. No chargesheet has been filed till date, and the investigation is still pending. 3.
During the pendency of the investigation, the parties amicably resolved their disputes by way of a Memorandum of Understanding/Settlement Deed executed between the parties on 17.12.2025. Pursuant to the settlement, a No-Objection Affidavit was filed on behalf of respondent No. 2 on 23.12.2025, categorically stating that he has no objection to quashing of the subject FIR, and all proceedings arising therefrom.
4.
I have heard learned counsel for the parties. The parties are present in Court and have been identified by the Investigating Officer as well as by their respective counsel.
5.
Further to the order dated 06.01.2026, Mr. Tyagi submits that the final Medico-Legal Report prepared by Lady Hardinge Medical College has been received, which shows that the injuries suffered by the complainant are simple in nature. A status report has been handed over in Court, and is taken on record.
6.
The parties confirm before the Court that they have settled their disputes amicably and do not wish to proceed with the criminal proceedings against each other.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
Even in the case of non-compoundable offences, the Supreme Court has held that, in appropriate cases, the Court may quash the FIR on the ground of settlement. In Gian Singh v. State of Punjab and Anr. [(2012) 10 SCC 303], the Supreme Court held as follows: "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor.
No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the permission of the court. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all.
However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated.
The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-andfast category can be prescribed." [Emphasis supplied.] 8.
The present case arises out of a dispute between neighbours, which resulted in a neighbourhood scuffle. The parties continue to reside in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
same locality and have agreed to bury the hatchet by way of a settlement. The nature of injuries suffered by Respondent No. 2, the complainant, is stated to be simple as per the Medico-Legal Report. This appears to be a fit case for this Court to quash the present FIR. Such an order would enable the parties to live in peace and harmony rather than compound the animosity.
9.
The petition is, therefore, allowed, and FIR No. 472/2025 registered at Police Station D.B.G. Road, Central District, Delhi, on 14.12.2025 under Sections 110, 333, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alongwith all consequential proceedings arising therefrom, is hereby quashed, subject to payment of litigation costs of Rs. 15,000 to Respondent No. 2 and Rs. 10,000 to the Delhi High Court Bar Association Costs Account (A/C No. 15530110179338; IFSC No. UCBA0001553; UCO Bank, Delhi High Court Branch), collectively by the petitioners within a period of two weeks. 10.
The petition is accordingly disposed of.
PRATEEK JALAN, J JANUARY 29, 2026 'pv/JM'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.