Geeta Kumari And Ors. vs Government Of Nct Of Delhi And Anr
- Court
- Delhi High Court
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of Decision: 03 September, 2026
# CNR No. DLHC010152292026
+ CRL.M.C. 2802/2026 & CRL.M.A. 19349/2026
GEETA KUMARI AND ORS. .....Petitioner
Through: Mr. Azad Rastogi, Ms. Prakriti
Rastogi, Advocates.
Petitioners (through V.C.)
versus
GOVERNMENT OF NCT OF DELHI AND ANR .....Respondent
Through: Mr. Satinder Singh Bawa, APP with SI
Yashpal.
Mr. Karan Prakash, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. The present petition, filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 [“BNSS”] (corresponding to Section 482 of the Code
of Criminal Procedure [“CrPC”]), seeks quashing of FIR No. 83/2017,
registered at Police Station Vasant Kunj, Delhi, for the commission of
offences punishable under Sections183/353/341/506/34/323 of the Indian
Penal Code, 1860 (hereafter referred to as the „IPC')and all consequential
proceedings emanating therefrom on the basis of settlement arrived at between
the parties.
2. Petitioners No. 1 to 11 are present on video conferencing, and are
identified by their counsel Mr. Azad Rastogi as well as by the Investigating
Officer [“IO”].
3. Respondent No.2/Jawaharlal Nehru University [“JNU”], through its
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Signing Date:05.09.2026
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Chief Security Officer, had lodged a complaint with Police Station Vasant
Kunj (North) on 15.02.2017 alleging that the petitioners (students and former
students of JNU), while protesting against the implementation of the UGC
Gazette Notification, 2016 , forcibly entered and unauthorizedly occupied the
Administrative Block of JNU and obstructed the University officials from
discharging their official duties. They wrongfully confined certain officials
and allegedly threatened/assaulted the security personnel.
4. On the basis of the said complaint, the subject FIR came to be
registered.
5. Chargesheet has already been filed on 08.11.2023.
6. Learned Judicial Magistrate First Class-02, Patiala House Courts, New
Delhi [“JMFC”], in its vide order dated 20.02.2026, recorded the submission
made on behalf of respondent No. 2/JNU that the University did not wish to
pursue the present matter and that an affidavit to the said effect had also been
filed on its behalf. Since some of the offences involved in the subject FIR
were found to be non-compoundable in nature, the accused sought time to
approach this Court by way of appropriate petition seeking quashing of the
subject FIR and consequential proceedings.
7. Affidavit filed by Professor Ravikesh, Registrar, JNU, on behalf of
respondent No. 2/JNU is on record.
8. It is stated therein that, in similar matters arising out of FIR Nos.
273/2019 and 83/2017, the concerned students had tendered apologies which
were accepted by the Vice-Chancellor of JNU. Accordingly, upon
consideration of the circumstances of the present case, respondent No. 2 has
expressed its willingness to accept a similar apology from the petitioners and,
subject thereto, it does not wish to pursue the matter further, keeping in view
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Signing Date:05.09.2026
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the academic and rehabilitative interests of the students.
9. Petitioner Nos.1 to 11, who have joined the proceedings through
video-conferencing, have tendered their oral apology.
10. The affidavit of respondents, giving their 'no objection' to the quashing
of FIR, is on record.
11. In Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC
466, the Apex Court had observed that proceedings, even in
non-compoundable cases, can be quashed on the basis of settlement provided
that the Court is satisfied that there was no meaningful purpose in continuing
with the proceedings, and that the scope of conviction was remote and bleak.
Petitioners also rely upon Gian Singh v. State of Punjab & Anr. (2012) 10
SCC 303.
12. Reliance is placed on decision of a learned Coordinate Bench of this
Court in Albert Bansala & Ors. v. Government of NCT of Delhi& Anr. :
CRL.M.C. No. 5176/2025 ( DoD 05.02.2026), wherein, in a similar factual
matrix, it was observed as under:-
“7. In the present case, the dispute arises out of a student
protest relating to a fee-hike issue within the campus of
respondent No.2- University, during which allegations of
vandalism and obstruction were made. The incident does not
stem from any personal animosity or private criminal intent,
but from a campus-related agitation involving students of the
University. Applying the principles laid down by the Hon’ble
Supreme Court with respect to quashing of criminal
proceedings on the basis of compromise , it is noteworthy that
respondent No. 2,through its Registrar, has categorically
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Signing Date:05.09.2026
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affirmed before thisCourt the voluntary nature of the
compromise and the absenceof any subsisting grievance. In
these circumstances, thecriminal proceedings are unlikely
to result in conviction, and its continuation would be an
empty formality, adding to the burden of the justice system
and consuming public resources unnecessarily.
8. Having regard to the above discussion, the petition
isallowed. FIR No. 273/2019 dated 01.12.2019, registered at
Police Station Vasant Kunj North, Delhi, under
Sections323/506/34 of IPC and Section 3 of PDPP Act, and
all proceedings emanating therefrom, are hereby quashed.”
(emphasis supplied)
13. In the present case, dispute emanates from a student protest within the
campus of respondent No. 2/JNU against the implementation of the UGC
Gazette Notification, 2016, during which there are allegations of forcible
entry into and unauthorized occupation of the Administrative Block,
obstruction of university officials and altercation with security personnel
against the petitioners. The incident, thus, arose in the course of a
campus-related agitation involving students of the University and does not
appear to have been actuated by any personal animosity or independent
criminal design.
14. Significantly, respondent No. 2/JNU, being the complainant, has
categorically expressed its inclination not to pursue the matter further, subject
to the petitioners tendering an apology. The affidavit of its Registrar,
Professor Ravikesh, recording the aforesaid stand is already on record. It has
further been stated therein that, in similar matters, apologies tendered by the
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Signing Date:05.09.2026
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concerned students were accepted by the Vice-Chancellor, keeping in view
their academic and rehabilitative interests.
15. Having regard to the nature and genesis of the dispute, the oral apology
tendered by the petitioners today, the stand taken by respondent No. 2/JNU,
and the principles governing exercise of inherent jurisdiction as enunciated by
Supreme Court in Gian Singh v. State of Punjab & Anr. , (2012) 10 SCC 303,
this Court is of the considered view that no useful purpose would be served by
continuation of the criminal proceedings. The possibility of the proceedings
culminating in conviction appears remote and their continuation would
amount to an unnecessary prolongation of the criminal process.
16. Accordingly, exercising inherent powers vested in this Court under
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 , it is deemed
appropriate to quash the instant FIR.
17. Consequently, to secure the ends of justice, FIR No. 83/2017,
registered at Police Station Vasant Kunj, Delhi, for the commission of
offences punishable under Sections 183/353/341/506/34/323IPC , along with
all consequential proceedings arising therefrom, is, hereby, quashed. Original
affidavits of the parties, copies of which have been placed on record in the
present proceedings, shall be submitted before the learned Trial Court within
four weeks from today, so that these become part of Trial Court Record.
18. The petition, along with the pending application, thus stands disposed
of.
(MANOJ JAIN)
JUDGE
SEPTEMBER 3, 2026
st/sk
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Digitally Signed
By:SONIA THAPLIYAL
Signing Date:05.09.2026
15:38:20