1. Petition under Section 528 BNSS seeking quashing of FIR for road accident offences on ground of settlement. (Para 1 , 3 , 4 )
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2026 Supreme(Online)(Del) 2096
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prateek Jalan, J
Jagdish Motiwal – Appellant
Versus
State of NCT of Delhi – Respondent
CRL.M.C. 3867/2025 | CRL.M.A. 16904/2025
Important Points
The High Court can exercise its inherent powers under Section 528 BNSS (S. 482 CrPC) to quash non-compoundable criminal proceedings arising from road accidents if the parties have settled voluntarily and there is no overarching public interest at stake.
Subject
Criminal Law - Quashing of FIR
Act Referred
Bharatiya Nagarik Suraksha Sanhita, 2023: S.528
Code of Criminal Procedure, 1973: S.482, S.320
Indian Penal Code, 1860: S.279, S.338
Code of Criminal Procedure, 1973: S.482, S.320
Indian Penal Code, 1860: S.279, S.338
Headnote
(A) Quashing of Criminal Proceedings - Non-compoundable offences - Exercise of inherent powers under Section 528 of BNSS (S. 482 CrPC) - High Court may quash proceedings even for non-compoundable offences where a settlement is reached between the offender and victim, provided the offence is not heinous or against public interest and continuation of proceedings would be a futile exercise. (Para 9, 10)
(B) Road Traffic Accidents - Settlement and Compensation - Where the dispute arises from a traffic accident without deliberate intent, the victim has received compensation via MACT, and parties have voluntarily settled, the possibility of conviction is remote, justifying the quashing of the FIR to secure the ends of justice. (Para 11)
Issues: Whether criminal proceedings under Sections 279/338 of IPC arising from a road accident can be quashed on the basis of a voluntary settlement between the parties despite the offence being non-compoundable.
(B) Road Traffic Accidents - Settlement and Compensation - Where the dispute arises from a traffic accident without deliberate intent, the victim has received compensation via MACT, and parties have voluntarily settled, the possibility of conviction is remote, justifying the quashing of the FIR to secure the ends of justice. (Para 11)
Issues: Whether criminal proceedings under Sections 279/338 of IPC arising from a road accident can be quashed on the basis of a voluntary settlement between the parties despite the offence being non-compoundable.
Legal Category Hierarchy
- crime and sentencing
- practice and procedure
-
tort
-
motor accident compensation
- motor accident claims tribunal (Para 5)
-
motor accident compensation
Advocates:
For the Appellants/Petitioners: Vipul Kr. Sharma
For the Respondents: Tarang Srivastava, Nitesh Kumar, Vijay Kumar Tiku
For the Appellants/Petitioners: Vipul Kr. Sharma
For the Respondents: Tarang Srivastava, Nitesh Kumar, Vijay Kumar Tiku
Table of Contents
2. Parties settled dispute; petitioner seeks quashing. Injured has no objection to quashing of FIR and proceedings. (Para 1 , 5 , 6 , 7 )
3. Criminal proceedings arise from road accident; no deliberate act alleged; settlement voluntary; conviction unlikely; continuation an empty formality. (Para 9 , 10 , 11 )
4. High Court can quash non-compoundable offences on settlement if no overarching public interest adversely affected. (Para 9 , 10 )
5. Petition allowed; FIR and all proceedings quashed subject to filing compliance affidavit. (Para 13 , 14 , 15 )
6. Can criminal proceedings for non-compoundable offences be quashed on the ground of settlement between parties?
Yes, High Court can quash such proceedings under Section 528 BNSS if no overarching public interest is adversely affected and continuation would be futile. (Para 9 , 10 )
7. What principles guide the High Court in quashing proceedings on settlement for non-compoundable offences?
The court must secure ends of justice, prevent abuse of process, and ensure the offence is not heinous or of mental depravity with serious societal impact. (Para 10 )
8. Can criminal proceedings arising from a road traffic accident be quashed upon settlement and compensation?
Yes, especially when the act was not deliberate, the injured has been compensated, and the settlement is voluntary and affirmed in court. (Para 11 )
O R D E R
% 21.01.2026
1. The petitioner has filed 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”]) seeking quashing of FIR No. 365/2023 dated 01.07.2023, registered at Police Station Vasant Kunj South, District South West, Delhi, under Sections 279/338 of the Indian Penal Code, 1860 [“IPC”], alongwith all proceedings emanating therefrom, on the ground of settlement.
2. The petitioner is present in Court and has been identified by Mr. Vipul Kr. Sharma, learned counsel, as well as by the Investigating Officer [“IO”]. Respondent No. 2 (the injured) is also present in person and has been identified by his learned counsel, Mr. Nitesh Kumar, and the IO.
3. The petitioner, who was about 76 years of age at the time of the incident, was the owner and driver of the vehicle bearing Registration No.
DL-3C-CY-2947. On 30.06.2023 at about 11:00 A.M., while the petitioner was driving the said vehicle on Main Mahipalpur Road near Vasant Kunj, New Delhi, the vehicle hit a roadside bench on which respondent No. 2 was sitting, resulting in the respondent sustaining injuries.
4. Respondent No. 2 was taken to AIIMS Trauma Centre, where Medico-Legal Case [“MLC”] No. 500382296/23 was prepared on 30.06.2023. The MLC records that the nature of the injuries as “Grievous”. On the basis of the MLC, FIR No. 365/2023 was registered on 01.07.2023 at Police Station Vasant Kunj (South). After investigation, a chargesheet dated 04.06.2024 was filed, and the case is presently pending as Criminal Case No. 914/2024 before the learned Additional Chief Judicial Magistrate, Patiala House Courts, New Delhi.
5. During the pendency of the criminal proceedings, the police also filed a Detailed Accident Report on 31.07.2023 before the Motor Accident Claims Tribunal, Patiala House Courts [“MACT”]. The MACT proceedings have since been disposed of, and respondent No. 2 has received compensation of approximately Rs. 7,50,000/- in respect of the injuries suffered in the accident.
6. The parties have thereafter amicably resolved their disputes by entering into a settlement. A Compromise Deed / Memorandum of Understanding has been executed between the petitioner and respondent No. 2 on 21.04.2025.
7. As per the settlement, and in addition to the compensation already received in the MACT proceedings, the petitioner agreed to pay a further sum of Rs. 40,000/- to respondent No. 2. Both parties, who are present in Court, categorically state that the settlement has been arrived at voluntarily, without any force, fraud, or coercion, and respondent No. 2 has no objection to quashing of the FIR and the proceedings arising therefrom.
8. Demand draft of Rs.40,000/- has been handed over in Court to the respondent No. 2.
9. Although the offence under Section 279 of IPC is non- compoundable, 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 CrPC), 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.
10. The Supreme Court, in Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303. has held as follows:
“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 threaten
