$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010457282026 + CRL.M.C. 7129/2026 & CRL.M.A. 29823/2026 NAMEER HASAN .....Petitioner Through: Mr. Naushad Ahmad Khan with Mr. Seraj Ahmad, Advocates. (M): 9810094957 9810666151 Email: ahmadseraj100@gmail.com versus THE STATE (GOVT. OF NCT, DELHI) AND ANR.....Respondents Through: Mr. Sunil Kumar Gautam, APP for the State. (M): 9871349009 Email: sunil.skgautam@gmail.com SI Rinku Bhakar, PS Lahori Gate. (M): 9999422340 Mr. Asif Khan with Mr. Onkar Singh and Mr. Atif Abdullah Khan, Advocates for respondent no. 2 with respondent no. 2 in person. (M): 9810510565 Email: khanasifkhan333@gmail.com CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 24.09.2026 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), seeking quashing of FIR 357/2022 dated 10th July, 2022, registered at Police Station (“PS”) Lahori This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31 Gate, North, Delhi, under Sections 279/304A of the Indian Penal Code, 1860 (“IPC”) read with Sections 3/181/146/196 of the Motor Vehicles Act, 1988 (“MV Act”). 2. This Court is informed that the parties arrived at a settlement on 11th July, 2026, of all their disputes, before the Delhi Mediation Centre, Tis Hazari Courts, Delhi, for a full and final settlement amount of Rs. 10 Lacs. It was further agreed between the parties that respondent no. 2 shall cooperate with the petitioner herein, in quashing of the impugned FIR. 3. The parties are present in Court, and are identified by their respective learned counsels. 4. The petition is taken up for disposal with the consent of the parties. 5. Issue notice. 6. Notice accepted by learned Additional Public Prosecutor (“APP”) for the State as well as learned counsel for respondent no. 2, i.e., the complainant. 7. Learned counsel appearing for respondent no. 2 submits that full amount has been received by respondent no. 2 in terms of the Settlement dated 11th July, 2026. 8. Respondent no. 2, who is present in Court, confirms the fact that she has received full amount in terms of the said Settlement and submits that she does not wish to pursue the present matter any further. 9. In light of the aforesaid, the parties seek quashing of the impugned FIR. 10. Having heard the learned counsels appearing for the parties, this Court notes that the matter has been finally settled between the petitioner and respondent no. 2. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31 11. It is no longer res-integra that this Court has the power to quash the criminal proceedings in cases of non-compoundable offences under the Code of Criminal Procedure, 1973 (“Cr.P.C”), i.e., now the BNSS, wherein, the parties have settled the matter between themselves. Thus, this Court is of the opinion that it would be unfair or contrary to the interest of justice to continue with the criminal proceedings in the present case, since the offence, although non-compoundable has been resolved by way of the Settlement dated 11th July, 2026. 12. The Supreme Court has clearly held that, in certain circumstances, the High Courts, in exercise of their powers under Section 528 of BNSS (corresponding to Section 482 of Cr.P.C), can quash criminal proceedings, even with respect to non-compoundable offences, on the ground that there is a compromise between the accused and the complainant, especially when no overarching public interest is adversely affected. 13. The Supreme Court in the case of Gian Singh Versus State of Punjab and Another, (2012) 10 SCC 303, has held as follows: “xxx xxx xxx 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 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31 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 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. 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. xxx xxx xxx” (Emphasis Supplied) 14. Further, in the case of Narinder Singh and Others Versus State of Punjab and Another, (2014) 6 SCC 466, the Supreme Court has laid down guidelines for the High Courts while accepting settlement deeds between the parties and quashing the proceedings. The relevant observations in the said decision read as under: “xxx xxx xxx 29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under Section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31 continue with the criminal proceedings: 29.1. Power conferred under Section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under Section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. 29.2. When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure: (i) ends of justice, or (ii) to prevent abuse of the process of any court. While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives. 29.3. Such a power is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for the offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5. While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. xxx xxx xxx” (Emphasis Supplied) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31 15. Having regard to the above discussion, the present petition is allowed. 16. Accordingly, considering the facts and circumstances of the present case, it is directed that FIR 357/2022 dated 10th July, 2022, registered at PS Lahori Gate, North, Delhi, under Sections 279/304A of the IPC read with Sections 3/181/146/196 of the MV Act and the proceedings emanating therefrom are hereby quashed. 17. The petition along with pending application stands disposed of. MINI PUSHKARNA, J SEPTEMBER 24, 2026 c This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 11:00:31