Delhi High Court
Criminal LawCriminal Procedure and Evidence

Fatal-accident prosecutions under Sections 279/304A IPC may be quashed upon settlement.

Neeraj vs State Of Nct Of Delhi & Ors.

Delhi High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Fatal-accident prosecutions under Sections 279/304A IPC may be quashed upon settlement.. Neeraj vs State Of Nct Of Delhi & Ors.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

On 22 February 2024, the petitioner’s vehicle was involved in an accident with Raj Singh, aged about 69, who was declared dead on arrival at hospital.

Source reference: pp. 2–3, paras. 3–5

An FIR was registered at P.S. Baba Haridas Nagar under Sections 279 and 304A IPC; the resulting criminal case was pending before the JMFC, Dwarka Courts, for prosecution evidence.

Source reference: pp. 2–3, paras. 3–5

The deceased’s legal heirs settled their MACT claim for ₹8,00,000 in full and final settlement and later executed a settlement deed with the petitioner.

Source reference: p. 3, para. 6

They confirmed the settlement was voluntary and stated they had no objection to quashing the FIR; the State also had no objection.

Source reference: p. 3, para. 6; p. 4, paras. 7–10

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Source reference: p. 2, para. 3
02

Issues

Whether the High Court should exercise its jurisdiction under Section 528 BNSS to quash the FIR and consequential proceedings under Sections 279/304A IPC on the basis of the parties’ settlement.

Source reference: p. 2, para. 3; p. 4, paras. 12–13

Whether quashing would be appropriate where the criminal proceedings arose from a fatal road accident but the deceased’s legal heirs had settled with the petitioner and consented to quashing.

Source reference: pp. 2–4, paras. 4–10
03

Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the High Court’s inherent jurisdiction to make orders necessary to secure the ends of justice and prevent abuse of the process of court.

Source reference: p. 2, para. 3

The Court relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303, which recognises that criminal proceedings may be quashed following a settlement where continuing them would be unfair or contrary to the interests of justice, or would amount to an abuse of process, and where ending the case would secure the ends of justice.

Source reference: p. 4, para. 11

The FIR alleged offences under Sections 279 and 304A IPC.

Source reference: p. 2, para. 3
04

Reasoning

The Court noted that the deceased’s legal heirs had settled the MACT claim for ₹8,00,000 and had amicably resolved their dispute with the petitioner through a settlement deed.

Source reference: pp. 3–4, paras. 6–10

The heirs confirmed that the settlement was voluntary, expressed no remaining grievance, and consented to quashing; the State raised no objection.

Source reference: pp. 3–4, paras. 6–10

Applying the principle in Gian Singh, the Court concluded that, in light of the settlement and the parties’ free will, quashing the proceedings was in the interests of justice.

Source reference: p. 4, paras. 11–12
05

Holding

The Court allowed the petition and quashed FIR No. 0074/2024, registered at P.S. Baba Haridas Nagar under Sections 279/304A IPC, together with all consequential proceedings.

Pending applications were also disposed of.

Source reference: p. 4, para. 15
06

Acts & Sections Cited

2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Indian Penal Code, 18601

Delhi High Court

Original Court PDF

NeerajvsState Of Nct Of Delhi & Ors.

Delhi High Court · October 07, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment