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2025 Supreme(Online)(Del) 47398

IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna, J
Surender Kumar – Appellant
Versus
State of NCT of Delhi – Respondent
W.P.(CRL) 4188/2025



Advocates:
For the Appellants/Petitioners: Ashi Sharma
For the Respondents: Amol Sinha, Kshitiz Garg, Ashvini Kumar, Chavi Lazarus, Manan Wadhwa, Luv Mahajan, Dhruv Gahlot, Varun Sehrawat

The High Court may quash criminal proceedings (FIR) under its extraordinary jurisdiction when the parties have amicably settled their disputes voluntarily, and the complainant expresses no objection to the quashing, provided the nature of the allegations permits such a settlement.

Headnote:(A) Criminal Proceedings - Quashing of FIR - Amicable Settlement - Where parties to a dispute involving allegations under the Bharatiya Nyaya Sanhita have voluntarily entered into a settlement and the complainant has no objection, the Court may quash the FIR and consequential proceedings to secure the ends of justice. (Para 9)

Issues: Whether the FIR registered under Sections 290 and 106(1) of BNS could be quashed based on a voluntary settlement between the parties.

Table of Content
1. nature of the petition and factual background of the incident and fir. (Para 1 , 4 , 5)
2. terms of the settlement and voluntary consent of the parties. (Para 6 , 7 , 8)
3. quashing of criminal proceedings based on amicable settlement. (Para 9 , 10)

ORDER

% 17.12.2025

1. Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’), has been filed on behalf of the Petitioner, for quashing of FIR No. 596/2025 dated 26.09.2025 under Section 290 and 106(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’) registered at Police Station Bindapur, Dwarka and all the consequential proceedings emanating therefrom, in terms of the Settlement dated 05.12.2025.

2. Issue Notice.

3. On advance Notice, learned ASC has appeared and accepted the Notice

on behalf of the State.

4. As per the FIR, Mr. Ashok Kumar, aged about 50 years fell from some unknown floor into the lift lobby due to which he died. He survived by his wife, Ms. Santosh Devi, who also represents the minor daughter, Manvi, who is aged about 15 years. Son, Mr. Vinay Kumar has joined through VC, who is presently employed.

5. On the Complaint of the Respondent No.2/Complainant, FIR No. 596/2025 dated 26.09.2025 under Section 290 and 106(1) of BNS, got registered at Police Station Bindapur, Dwarka.

6. It is stated that the Petitioner and the Respondents have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 05.12.2025. In the Settlement, it was inter alia settled between the parties that Petitioner shall pay a sum of 7,50,000/- as full and final compensation towards all claim including compensation, damages and any other legal entitlement arising out of the death of the deceased. In terms of the said Settlement Rs.7,50,000/- as stated in the Agreement, has already been paid to the Complainant. It is further submitted on behalf of the Petitioner that an additional sum of ₹2,24,000/- has been transferred to the Account of the Respondent No. 2, Ms. Santosh Devi. The additional sum of Rs.2,24,000/- has been paid by the Petitioner, through RTGS dated 17.12.2025, from IDBI Bank with UTR IBKLR92025121700046549, in favour of Mr. Vinay Kumar. It is also settled between the parties that the Respondent Nos.2 to 4 shall not raise, institute or pursue any civil, criminal or other proceedings against the Petitioner, his heirs, employees, representatives or any other person connected thereto, either before any Court, Tribunal or Authority, in respect of the said incident

henceforth.

7. Today, the Respondent No. 2/Complainant, who is present in the Court, states that she has received all amounts due to her and has no objection if the said FIR is quashed.

8. The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

9. Considering the nature of the allegations and that they have settled the matter, the FIR No. 596/2025 dated 26.09.2025 under Section 290 and 106(1) of BNS, registered at Police Station Bindapur, Dwarka and all the consequential proceedings emanating therefrom are quashed.

10. The Petition is disposed of accordingly.

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