Accused Married Complainant’s Niece, Couple Have Two Children: Delhi HC Quashes 2019 Kidnapping FIR After Settlement

In brief

The question

1. Whether the High Court could quash a non-compoundable FIR under Section 363 IPC under its inherent jurisdiction on the basis of a settlement between the parties

The court held

The Court held that there was no impediment to quashing the FIR on the basis of the settlement

It also directed

It allowed the petition and quashed FIR No. 69/2019, registered at PS Khajuri Khas under Section 363 IPC, together with all consequential proceedings; a copy of the order was directed to be sent to the trial court

01Facts

The petitioner sought to quash FIR No. 69/2019, registered under Section 363 of the Indian Penal Code, 1860 (IPC), alleging that he had lured away respondent no. 2, the complainant’s niece

p. 1

The petitioner and respondent no. 2 married on 10 April 2019, have since lived together, and have two children

p. 2

Under a settlement deed dated 28 February 2026, respondent nos. 2 and 3 agreed to the FIR being quashed

p. 2

The petitioner and both respondents confirmed that the settlement was voluntary, and the Investigating Officer identified them before the Court

p. 7

The petition was brought under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

p. 1

02Issues

i.1. Whether the High Court could quash a non-compoundable FIR under Section 363 IPC under its inherent jurisdiction on the basis of a settlement between the parties

pp. 4–6

ii.2. Whether, in the circumstances of this case, quashing the FIR would serve the ends of justice and prevent abuse of the process of the court

p. 4, 7

03Law Applied

Section 528 BNSS, corresponding to Section 482 of the Code of Criminal Procedure, 1973, preserves the High Court’s inherent power to quash criminal proceedings to secure the ends of justice or prevent abuse of process; that power is distinct from the statutory power to compound offences and may extend to non-compoundable offences

pp. 4–5

Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court must consider the nature and gravity of the offence, whether it is essentially private in character, the likelihood of conviction, and whether continuing the proceedings would cause injustice despite the settlement

pp. 5–6

Serious offences with substantial societal impact are generally unsuitable for settlement-based quashing

p. 5

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Indian Penal Code, 1860 Section 363 Section 307

Code of Criminal Procedure, 1973 Section 482 Section 320

04Reasoning

The FIR alleged only an offence under Section 363 IPC, with no other offence alleged

p. 4

The Court considered that respondent no. 2 had married the petitioner shortly after the FIR was registered, the couple had lived together since, they had two children, and more than seven years had elapsed

p. 4

In light of the parties’ voluntary settlement, the private and familial nature of the dispute, and the remote and bleak possibility of conviction, the Court concluded that continuing the proceedings would serve no meaningful purpose

p. 4, 7

It also relied on a coordinate Bench decision involving a comparable Section 363 IPC FIR

p. 6