Delhi High Court

High Court Quashes Cross-FIRs Under BNSS Section 528 Following Amicable Settlement of Private and Matrimonial Disputes.

Sajjan Kumar And Ors vs State Nct Of Delhi And Ors.

Delhi High CourtJUDGMENT: May 18, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The court dealt with two petitions seeking the quashing of cross-FIRs (No. 354/2012 and No. 355/2012) registered at P.S. Vasant Kunj South on November 1, 2012

Source reference: p.2

FIR 354/2012 involved allegations of criminal trespass and assault under Sections 452/323/34 IPC against five accused persons

Source reference: para 4

FIR 355/2012 involved allegations of assault and wrongful restraint under Sections 323/325/341/34 IPC against two accused persons

Source reference: para 5

Both cases arose from a scuffle between relatives and were at the stage of prosecution evidence

Source reference: para 4-5

On May 14, 2026, the parties entered into a written Compromise Deed, stating they had settled the dispute amicably out of their own free will

Source reference: para 6-8
02

Issues

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings in cross-FIRs involving non-compoundable offences based on a private settlement between related parties

Source reference: para 2, 9

2. Whether continuing the criminal proceedings would serve any useful purpose given the amicable settlement

Source reference: para 9
03

Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Source reference: p.3, para 10

The court may quash criminal proceedings where the dispute is primarily private in nature, does not involve public interest, and where a settlement between the parties makes the possibility of conviction remote

Source reference: para 9, 11
04

Reasoning

The court observed that the parties were related to each other and had voluntarily resolved their long-standing disputes, as evidenced by the Compromise Deed and their personal statements before the court

Source reference: para 3, 8

The Judge reasoned that because the dispute was "primarily private in nature" and lacked any "public interest" implications, prolonging the trial would be a futile exercise

Source reference: para 9

The court noted that since the complainants and victims no longer wished to press charges, the ends of justice would be better served by quashing the FIRs rather than continuing with the prosecution evidence

Source reference: para 9-10
05

Holding

The court answered the issues in the affirmative, holding that it was appropriate to exercise inherent powers to secure the ends of justice.

Both FIR No. 354/2012 and FIR No. 355/2012, along with all consequential proceedings, were quashed

Source reference: para 11

The court directed the parties to submit the original Compromise Deed and affidavits to the Trial Court within two weeks and disposed of all pending applications

Source reference: para 12-14
Delhi High Court

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Sajjan Kumar And OrsvsState Nct Of Delhi And Ors.

Delhi High Court · May 18, 2026

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