Delhi High Court

W.P.(CRL)/3083/2026 of MOHD SAIM QAMAR Vs THE STATE NCT OF DELHI & ANR. on 30 September 2026

Cites 2, Cited by 0

7370/2026 Page 1 of 6 $~51 and 65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % # CNR No. DLHC010472112026 Date of Decision: 30.09.2026 + (51) SHIVAM KUMAR RAI AND ORS .....Petitioners CRL.M.C. 7370/2026 & Crl.M.A. 30785/2026 Through: Mr. Arvind Kumar and Mr. Prashant Dohan, Advs. versus STATE

$~51 and 65

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

CNR No. DLHC010472112026

Date of Decision: 30.09.2026

+

(51) SHIVAM KUMAR RAI AND ORS

.....Petitioners

CRL.M.C. 7370/2026 & Crl.M.A. 30785/2026

Through:

Mr. Arvind Kumar and Mr. Prashant

Dohan, Advs.

versus

STATE NCT OF DELHI AND ANR

.....Respondents

Through:

Mr. Hemant Mehla, APP for State

along with Mohd. Naved and Mr.

Mayank Chaudhary, Advs.

SI Virender, PS Kamla Market

CNR No. DLHC010473222026

+

(65) MOHD SAIM QAMAR

.....Petitioner

W.P.(CRL) 3083/2026

Through:

Mr. Aravind Raj, Adv. (through v/c)

Mr. Aryan Tanwar, Adv.

versus

THE STATE NCT OF DELHI & ANR.

.....Respondents

Through:

Mr. Anand V. Khatri, SC, GNCTD.

Mr. Aditya Mishra, Adv. for R-3

(through v/c)

SI Virender, PS Kamla Market

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

SACHIN DATTA, J. (ORAL)

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1. These petitions seek quashing of two cross-FIRs, i.e., FIR No. 445/2025 in CRL.M.C. 7370/2026 and FIR No. 448/2025 in W.P.(Crl.) 3083/2026, both dated 24.11.2025 and registered at PS Kamla Market under Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified

Sections 115(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), arising out of the same altercation between students of Zakir Hussain College, Delhi.

2. The allegations concern reciprocal acts of voluntarily causing hurt, wrongful restraint, and criminal intimidation.

3. The parties are present in Court today, having been duly identified by the Investigating Officer, submit that they have resolved their disputes in terms of a comprehensive Memorandum of Understanding (“MoU”) dated 24.09.2026. The same reads as under:

Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified

Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified

4. The aforesaid parties confirm that the settlement was entered into voluntarily, without any pressure, coercion or undue influence.

5. The complainant and the injured persons concerned in each FIR state that they have no objection to the quashing of the FIRs. The parties undertake to maintain peace and to refrain from indulging in similar acts in Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified future.

6. The inherent power of the High Court, preserved by Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), to quash criminal proceedings on the basis of a settlement between the offender and the victim is distinct from the power to compound offences, and is to be exercised to secure the ends of justice or to prevent abuse of the process of any court. The same has been observed by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303.

7. Additionally, in Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, the Supreme Court has recognized the relevance of whether the settlement, on the basis of which quashing is sought, is going to bring about harmony between the parties which may improve their future social relationship.

8. As such, the present cases qualify as appropriate cases for quashing on the touchstone of the observations of the Supreme Court in the said judgment.

9. This is especially so since the subject FIRs arise out of a personal dispute between students. Acceptance of the settlement would reduce the prospect of renewed hostility and enable the parties to pursue their studies and careers.

10. Accordingly, FIR No.445/2025 (in CRL.M.C. 7370/2026) and all proceedings emanating therefrom are quashed; and FIR No.448/2025 (in W.P.(Crl.) 3083/2026) and all proceedings emanating therefrom are quashed.

11. The parties shall remain bound by the undertakings given before this Court to maintain peace. Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified

12. The petitions are disposed of in the above terms. Pending application(s), if any, also stand disposed of.

SACHIN DATTA, J SEPTEMBER 30, 2026/cl,sd

Digitally Signed By:ROHIT KUMAR PATEL Signing Date:01.10.2026 21:23:40 Signature Not Verified

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