Shailender alias Sheele & Ors. v. State Govt of NCT of Delhi & Anr.

Delhi High Court · 05 May 2026 · 2026:DHC:3965
Manoj Jain
W.P.(CRL) 1460/2026
2026:DHC:3965
criminal petition_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Sections 452, 354, 506, and 34 IPC based on a bona fide compromise between parties in a private dispute, exercising inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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W.P.(CRL) 1460/2026 1
HIGH COURT OF DELHI
Date of Decision: 05th May, 2026
W.P.(CRL) 1460/2026
SHAILENDER ALIAS SHEELE & ORS. .....Petitioner
Through: Mr. Pankaj Gupta, Mr. Jitender Sharma and Mr. Gaurav Sharma, Advocates.
Petitioners in person.
VERSUS
STATE GOVT OFNCT OF DELHI & ANR. .....Respondent
Through: Mr. Sanjay Lao, Standing Counsel (Crl) for the State with SI Sumit.
Respondent in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 0470/2018 dated 06.12.2018, registered at Police Station Bawana, for commission of offences under Sections 452/354/506/34 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Briefly stated, the case of the prosecution is to be effect that on 29.11.2018, respondent No.2 was present at her residence alongwith her daughter when all the accused persons trespassed into her house. They were armed with dandas, and after entering inside their house, they assaulted her and also touched her inappropriately, and left the spot after threatening to eliminate her. W.P.(CRL) 1460/2026 2

3. Charge-sheet has already been filed and charges have also been ascertained.

4. Learned counsel for the petitioner submits that petitioners and respondent no. 2 reside in the same neighbourhood and there were some issues with respect to water-drainage which resulted into the abovesaid incident.

5. He, however, submits that with the intervention of common friends and relatives, the parties have amicably settled the matter, and have entered into a comprehensive Memorandum of Understanding (MoU) dated 30.04.2026 and have been able to resolve all their disputes.

6. One of the accused, who had also been charge-sheeted, i.e. Mr. Sita Ram Vashishth, has already expired on 19.06.2020.

7. Respondent No.2 is present with her husband and she has been duly identified by I.O. who is present in Court.

8. When asked, she submits that all the petitioners have tendered unconditional apology to her and she has accepted the same and, therefore, she does not want to proceed further with the matter. She states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever and therefore, she would have ‘no objection’ if FIR in question is quashed.

9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest and is, primarily, private in nature. In any case, even the complainant does not wish to press any charges against the petitioners.

10. Accordingly, exercising inherent powers vested in this Court under W.P.(CRL) 1460/2026 3 Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 0470/2018 dated 06.12.2018, registered at Police Station Bawana, for commission of offences under Sections 452/354/506/34 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing total cost of Rs. 20,000/- in the account of NDBA Members Welfare fund Account [Acc No. 18580110013847, IFSC Code UCBA0001858, UCO Bank, Patiala House] within four weeks from today.

12. Proof of deposit of cost, Original MoU as well as original affidavits of the parties shall be submitted before the learned Trial Court by the next date fixed before it.

13. The present petition stands disposed of in aforesaid terms.

JUDGE MAY 5, 2026/ss/pb