IN THE HIGH COURT OF DELHI AT NEW DELHI
MANOJ SHARMA & ORS. VS. STATE NCT OF DELHI & ANR.
CRL.M.C. 9256/2025
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 9256/2025, CRL.M.A. 38644/2025
MRS SUJATA KUMAR .....Petitioner
Through: Mr. Awijit Paliwal, Advocate with
Petitioner in person.
versus
STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Prem Singh, PS-Saket.
Mr. Hrithik Sejwal, Advocate for R-2
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 24.12.2025
1. This petition under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023, “BNSS” (corresponding to Section 482 of the Code of Criminal
Procedure, 1973, “CrPC”) seeks quashing of FIR No. 348/2025, “the impugned FIR” dated 5th
November, 2025, registered under Sections 281/125(A) of Bharatiya Nyaya
Sanhita, 2023, “BNS” at P.S. Saket and all consequential proceedings emanating
therefrom.
2. Brief facts of the case are that on 05th November, 2025, a PCR call
was received regarding a road traffic accident near Asian Market Chowk,
Pushp Vihar, Delhi. Upon reaching the spot, the police found no offending
CRL.M.C. 9256/2025 Page 1 of 5
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The Order is downloaded from the DHC Server on 19/01/2026 at 19:31:07
##PAGE2##vehicle or eyewitness, and it was learnt that the injured (Respondent No. 2)
had already been shifted to Max Hospital. The injured was found
unconscious and unfit for statement. As per the MLC, Respondent No. 2, a
pedestrian, was allegedly hit by a four-wheeler driven by the Petitioner and
sustained an injury on his right leg. On this basis, the impugned FIR was
registered.
3. The parties state that, with the intervention of common friends,
colleagues and other respectable members of society, they have amicably
resolved their dispute. Pursuant thereto, a Settlement Agreement dated 17th
December, 2025, was executed between the Petitioner and Respondent No.
2. As per its terms, Respondent No. 2 has agreed not to pursue any further
civil or criminal proceedings, including any claim before the Motor
Accidents Claims Tribunal, and has expressly conveyed no objection to the
quashing of the impugned FIR.
4. A copy of the MoU has been placed on record and perused by the
Court. In terms thereof, the Petitioner agreed to pay a total sum of
₹7,00,000/- to Respondent No. 2 towards full and final settlement.
5. The Complainant, appearing in person and identified by the
Investigating Officer, has unequivocally stated that he does not wish to
pursue the impugned FIR proceedings. He has confirmed that his decision to
settle the matter is voluntary and made without any undue influence or
coercion. He confirms that in terms of the agreement, he has received an
amount of INR 3,50,000/-. Additionally, in accordance with the settlement,
the Petitioner has tendered the balance amount of INR 3,50,000/- to
Respondent No. 2 by way of a Demand Draft bearing No. 521906 during the
proceedings. The same has been duly received and acknowledged by
CRL.M.C. 9256/2025 Page 2 of 5
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 19/01/2026 at 19:31:07
##PAGE3##Respondent No. 2. In light of the amicable settlement, counsel for both the
parties jointly seek quashing of the impugned FIR and all proceedings
arising therefrom.
6. The Court has considered the submissions of the parties. While the
offence under Section 281 of BNS is non-compoundable, Section 125(a) of
BNS is compoundable by the person so hurt, with the permission of the
Court.
7. 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
is adversely affected. The Supreme Court in Gian Singh
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