CRL.M.C./4852/2026 of VISHAL & ORS. Vs STATE NCT OF DELHI & ANR. on 23 September 2026

1. By way of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners (Vishal, Ujjwal Nagar, Tushar, Rajat Baliyan, Atul Kumar Jha, Garv Kumar, and Shudhanshu Kasana) seek quashing of FIR No. 0195/2025, registered at Police Station Roop Nagar, under Sections 110/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”).

2. It is pointed out that a settlement has been arrived at with respondent no. 2/ complainant (Yash Nain).

3. The FIR alleges that the complainant was attacked by the petitioners,

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as a result of which the injuries were sustained by the complainant.

4. It is submitted that the petitioners are students of Kirori Mal College and the complainant is a student of Satyawati College.

5. It is submitted that due to the intervention of their family and well- wishers, the parties have executed a Memorandum of Understanding dated 27.04.2026; the same has been annexed as Annexure P-3 to the present petition.

6. The IO, who is present in Court, identifies the petitioners and the complainant.

7. In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Supreme Court has observed as under: “58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because he and the victim have settled the dispute amicably or that the victim has been paid compensation, yet certain crimes have been made compoundable in law, with or without the permission of the court. In respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to the victim and the offender and the victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal

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proceeding or criminal complaint or FIR if it is satisfied that on the face of such settlement, there is hardly any likelihood of the offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated

8. In the circumstances, this Court accepts the joint plea of the petitioners and the complainant to quash the proceedings arising out of FIR No. 0195/2025. . The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard-and-fast category can be prescribed.”

9. Accordingly, FIR bearing No. 0195/2025, registered at Police Station Roop Nagar, under Sections 110/61(2)/3(5) of BNS and all proceedings emanating therefrom, are quashed.

SACHIN DATTA, J SEPTEMBER 23, 2026/r,vk

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