Extracted from the PDF above. The PDF is authoritative.
W.P.(CRL) 2472/2026 Page 1 of 4
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010378862026 + W.P.(CRL) 2472/2026, CRL.M.A. 24983/2026
AMIT DAGAR
.....Petitioner
Through: Mr. Shive Kumar Kohli, Advocate. versus
THE STATE AND ORS
.....Respondents
Through: Mr. Sanjay Lao, SC for State. CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R %
24.09.2026
1. This petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 seeks quashing of FIR No. 0533/2023 dated 22nd October, 2023, registered under Sections 323/452/506 of the Indian Penal Code, 18602 at P.S. Maidan Garhi, Delhi and all consequential proceedings emanating therefrom. 2. Briefly stated, the impugned FIR arises from disputes between the Petitioner and the private Respondents, who are related to each other. Respondent No. 3 is the wife of the Petitioner and the sister of Respondent No. 2, while Respondent No. 4 is the husband of Respondent No. 2. It is alleged that on 22nd October, 2023, at about 6:00 A.M., the Petitioner entered the residence of Respondent No. 2 and assaulted Respondents No. 3
1 “BNSS” 2 “IPC” 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 12:55:35
W.P.(CRL) 2472/2026 Page 2 of 4
and 4 with a danda, causing injuries to them, and threatened them to withdraw an earlier FIR registered against the Petitioner and his mother. On the complaint of Respondent No. 2, the impugned FIR came to be registered. 3. During the pendency of the disputes between the parties, the matter was referred to the Mediation Centre, Saket Courts, New Delhi, where the parties amicably resolved their disputes and entered into a settlement dated 23rd October, 2024, a copy whereof has been placed on record. Under the settlement, the parties tendered unconditional apologies to each other, agreed to maintain peace and harmony and further agreed to take appropriate steps for compounding/quashing the FIRs arising from their disputes. 4. Respondents Nos. 2 to 4 are present in Court and have been identified by the Investigating Officer. They confirm that the disputes have been amicably resolved and that the settlement was arrived at voluntarily, without any force, coercion or undue influence.
They state that no grievance survives and have no objection to quashing of the impugned FIR. Affidavits to this effect have also been placed on record. The Petitioner is also present in Court and has been duly identified by the Investigating Officer. In light of the amicable resolution between the parties, the Petitioner seeks quashing of the impugned FIR and all proceedings arising therefrom. 5. The Court has considered the submissions of the parties. While the offence under Section 452 of IPC is non-compoundable, Sections 323 and 509 of IPC are compoundable in certain cases. 6. It is well settled that in the exercise of its inherent powers under Section 482 CrPC (now Section 528 BNSS), the Court may, in appropriate cases, quash proceedings in respect of non-compoundable offences if the parties have reached a genuine settlement and no overarching public interest 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 12:55:35
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is adversely affected. In Narinder Singh & Ors. v. State of Punjab & Anr.,3 the Supreme Court held as follows:
“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 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
3 (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 12:55:35
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him by not quashing the criminal cases.”
[Emphasis Supplied]
7.
Although the offence under Section 452 of the IPC cannot be regarded as strictly in personam, the Court must also account for the practical realities of securing a conviction where the affected parties have entered into a voluntary and bona fide settlement and are no longer inclined to support the prosecution. In such circumstances, the possibility of conviction becomes remote and continuation of the proceedings may serve no worthwhile purpose. 8. In the present case, the allegations arise from disputes between persons related to each other, which also resulted in registration of other FIRs between the parties. The parties have since comprehensively resolved their disputes through mediation and Respondents Nos. 2 to 4 have categorically stated that no grievance survives against the Petitioner and that they do not wish to pursue the impugned FIR. Having regard to the nature of the dispute and the unequivocal stand of the private Respondents, the Court considers it appropriate to exercise its jurisdiction under Section 528 of the BNSS to secure the ends of justice. 9. In view of the foregoing, the present petition is allowed. The impugned FIR No. 533/2023, as well as all consequential proceedings arising therefrom, are hereby quashed. 10. The parties shall remain bound by the terms of settlement. 11. Accordingly, the petition is disposed of along with pending application(s). SANJEEV NARULA, J SEPTEMBER 24, 2026/nk 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 12:55:35