Delhi High Court

Non-compoundable cross-FIRs quashed under inherent powers following amicable settlement to secure justice.

Harshdeep @ Nonu & Ors. vs The State Govt. Of Nct Of Delhi And Anr.

Delhi High CourtJUDGMENT: April 08, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The High Court of Delhi heard two connected petitions seeking the quashing of cross-FIRs arising from a common incident between neighbors

Source reference: para. 1, 11

In CRL.M.C. 1509/2025, the petitioners sought quashing of FIR No. 0574/2024 (PS Jagat Puri) registered under Section 110 of the Bharatiya Nyaya Sanhita (BNS), 2023, which corresponds to Section 308 IPC (Attempt to commit culpable homicide)

Source reference: para. 2

In W.P.(CRL) 1287/2025, petitioners sought quashing of FIR No. 0591/2024 (PS Jagat Puri) registered under Sections 115, 74, 351(2), 79, and 3(5) of the BNS, corresponding to Sections 323, 354, 506, 509, and 34 of the IPC respectively

Source reference: para. 7

The parties entered into a settlement deed on January 8, 2025, through the intervention of family and well-wishers

Source reference: para. 4, 9

Although charge sheets were filed, charges had not yet been framed

Source reference: para. 10

The injured parties and complainants appeared before the Court, identified themselves, and expressed "no objection" to the quashing of the proceedings

Source reference: para. 3, 5, 8, 11
02

Issues

1. Whether the High Court should exercise its inherent power to quash criminal proceedings in non-compoundable cases based on an amicable settlement between the parties.

Source reference: para. 12, 15

2. Whether continuing the criminal proceedings would serve any useful purpose given the settlement and the nature of the injuries.

Source reference: para. 12, 14
03

Law Applied

The Court applied Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which grants the High Court inherent powers to prevent abuse of the process of any Court or to secure the ends of justice

Source reference: para. 15

It relied on the principle established in Narinder Singh Ors. vs. State of Punjab Anr. (2014) 6 SCC 466, which permits quashing non-compoundable cases if the Court is satisfied that the scope of conviction is remote and continuing the proceedings would serve no meaningful purpose

Source reference: para. 12

The Court further referenced local precedents including Sheikh Mohd. Ors. Vs. The State NCT of Delhi Ors. (Crl. M.C. 8137/2025) and Rohit Sharma Anr. Vs. The State (Govt. of NCT) of Delhi Ors. (Crl. M.C. 2088/2025), where Section 308 IPC proceedings were quashed following amicable settlements

Source reference: para. 13
04

Reasoning

The Court observed that the parties are neighbors who are now residing in peace and harmony

Source reference: para. 11

Upon examining the Medical Legal Certificates (MLCs), the Court found that no serious injuries were revealed, which mitigated the gravity of the Section 110 BNS (308 IPC) charge

Source reference: para. 12

The Court verified that the settlement was reached voluntarily without coercion

Source reference: para. 11

Applying the Narinder Singh doctrine, the Court reasoned that since the complainants no longer wished to press charges and the dispute was essentially private/communal in nature, the likelihood of a successful prosecution was "remote and bleak"

Source reference: para. 12, 14

Consequently, the Court determined that the ends of justice would be better served by quashing the FIRs to maintain neighborhood peace rather than continuing a trial that would likely end in acquittal

Source reference: para. 14, 16
05

Holding

The Court allowed both petitions and quashed FIR No. 0574/2024 and FIR No. 0591/2024, along with all consequential proceedings

The quashing was made subject to the petitioners in both cases depositing a total cost of Rs. 25,000 with the Delhi High Court Staff Welfare Fund within four weeks. The Court directed the parties to submit proof of deposit and original affidavits to the learned Trial Court within six weeks of the order to finalize the disposal of the matters

Source reference: para. 16
Delhi High Court

Original Court PDF

Harshdeep @ Nonu & Ors.vsThe State Govt. Of Nct Of Delhi And Anr.

Delhi High Court · April 08, 2026

Click to open original judgment

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

Click to open original judgment