W.P.(CRL) 2944/2026 Page 1 of 5 $~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010451572026 + W.P.(CRL) 2944/2026 GAGAN & ORS. .....Petitioners Through: Mr. Simran, Mr. Sagar, Mr. Sumit Kumar and Mr. Ashansh Kapil, Advocates. versus STATE GOVT OF NCT OF DELHI AND ANR & .....Respondents Through: Mr. Amol Sinha, ASC for State with Mr. Kshitiz Garg, Mr. Anshul Sharma, Ms. Chavi Lazarus and Mr. Nitish Dhawan, Advocates. SI Ashish Sharma with ASI Shamsher Singh. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 22.09.2026 1. This petition under Articles 226/227 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] seeks quashing of FIR No. 258/2026 dated 13th July, 2026, registered at P.S. Chhawala, Delhi, under Sections 115(2), 126(2), 332(b), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 [“BNS”], and all consequential proceedings arising therefrom. 2. The case of the prosecution, as set out in the FIR, is that on 7th July, 2026, Respondent No. 2/Ajit Singh, who is a Head Constable in Battalion 89 of the CRPF, was allegedly assaulted by the Petitioners and certain other 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 12:55:37 W.P.(CRL) 2944/2026 Page 2 of 5 persons at his residence in Khaira Village, Najafgarh, Delhi. The FIR names the Petitioners, namely, Gagan, Aakash, Sawan, Badal and Tanuj, amongst the persons alleged to have assaulted the Complainant and his family. It was also alleged that threats were being extended to his son H1 and wife, Ms. Seema. The Complainant further alleged that INR 30,000/- kept in a cupboard at his house was found missing, which he suspected had been stolen by the persons named in the complaint. 3. At the outset, counsel for the Petitioners states that they seek to implead the minor child, H, as Respondent No. 3 as well as the wife of the Complainant, Ms. Seema, as Respondent No. 4. Let amended memo of parties be filed within a period of two weeks from today. Both the impleaded Respondents have also joined the proceedings through the Video Conferencing mechanism. 4. The parties state that, with the intervention of well-wishers and other respectable members of society, they have amicably resolved their dispute, and Respondent No. 2 has decided not to pursue the present FIR against the Petitioners. Pursuant to this settlement, a Settlement Agreement dated 21st / 22nd July, 2026 was executed between the Petitioners and Respondent No. 2. 5. A copy of the Settlement Agreement has been placed on record and perused by the Court. As per its terms, the parties have resolved all disputes and differences and the settlement has been arrived at voluntarily, without any force, coercion, undue influence or misrepresentation. Respondent No. 2 has also undertaken to cooperate in the proceedings for quashing of the FIR. 6. The Complainant/Respondent No. 2, who appears in person and is identified by the IO, unequivocally states that he does not wish to pursue the 1 Since the victim is a minor child, his name has been abbreviated as “H” in this order. 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 12:55:37 W.P.(CRL) 2944/2026 Page 3 of 5 FIR proceedings. He confirms that the settlement has been arrived at voluntarily, without any pressure or coercion. The newly impleaded Respondents No. 3 and 4, who have also joined the proceedings through Video Conferencing, likewise consent to the quashing of the subject FIR. The Petitioners have also joined the proceedings and are duly identified by the IO. In light of the amicable resolution between the parties, the Petitioners seek quashing of the subject FIR and all proceedings emanating therefrom. 7. The Court has considered the submissions of the parties. While the offences under Sections 332(b) and 305 BNS are non-compoundable, the offences under Sections 115(2) and 126(2) BNS are compoundable in nature. 8. It is well settled that the power of the High Court under Section 528 of BNSS [corresponding to Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”)] to quash criminal proceedings is distinct from the power of compounding under Section 320 CrPC. This power may be exercised even in cases involving non-compoundable offences where the parties have settled the matter. However, the power is to be exercised sparingly and with caution. The guiding considerations are whether such exercise would secure the ends of justice or prevent abuse of the process of the Court. While exercising this power, the Court must have due regard to the nature and gravity of the offence and the circumstances of the case. In Narinder Singh & Ors. v. State of Punjab & Anr.2, the Supreme Court has reiterated these principles and held that, in appropriate cases, the Court may quash the proceedings where, having regard to the settlement, the possibility of 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 12:55:37 W.P.(CRL) 2944/2026 Page 4 of 5 conviction is remote and bleak and continuation of the criminal proceedings would serve no useful purpose. 9. Although the offences under Sections 332(b) and 305 BNS cannot be treated as strictly ‘in personam’, and they touch upon public concerns rather than being confined to individual grievances, the Court must also account for the practical realities of securing a conviction in the present case. The Supreme Court has consistently held that in cases where the complainant has entered into a voluntary and bona fide settlement, and is no longer inclined to support the prosecution, the prospect of securing a conviction becomes exceedingly remote. In such circumstances, continuing the prosecution may not only prove futile, but would also serve no worthwhile public interest. 10. The Complainant/Respondent No. 2 has categorically expressed his unwillingness to pursue the matter further and has confirmed that the settlement has been arrived at voluntarily and without any pressure or coercion. The newly impleaded Respondents No. 3 and 4 have also expressed their consent to the quashing of the subject FIR. In these circumstances, continuation of the criminal proceedings would amount to an empty formality, adding to the burden of the justice system and consuming public resources unnecessarily. 11. Having regard to the totality of the circumstances, and in view of the legal principles laid down by the Supreme Court, this Court finds the present case to be an appropriate one for exercise of jurisdiction under Section 528 of BNSS to secure the ends of justice. 12. In view of the foregoing, the present petition is allowed and FIR No. 258/2026 dated 13th July, 2026, registered at P.S. Chhawala, Delhi, under 2 (2014) 6 SCC 466. 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 12:55:37 W.P.(CRL) 2944/2026 Page 5 of 5 Sections 115(2), 126(2), 332(2), 305 and 3(5) BNS, as well as all consequential proceedings emanating therefrom, are hereby quashed. 13. However, since the State machinery was set in motion on account of the subject FIR, it is appropriate to impose costs on the Petitioners. Accordingly, each of the Petitioners are directed to deposit INR 2,500/- with the Delhi Police Welfare Fund, within a period of four weeks from today. Proof of payment be deposited with the concerned IO within two weeks thereafter. 14. The parties shall abide by the terms of settlement. 15. The petition is disposed of in the above terms. SANJEEV NARULA, J SEPTEMBER 22, 2026/ab 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 12:55:37