Rohit Kumar v. The State GNCT of Delhi & Anr.

Delhi High Court · 23 Jul 2026 · 2026:DHC:5928
Manoj Jain
CRL.M.C. 5109/2026
2026:DHC:5928
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under BNS 2023 based on a voluntary compromise in a private dispute, exercising inherent powers under Section 528.

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CRL.M.C. 5109/2026 1
HIGH COURT OF DELHI
Date of Decision: 23rd July, 2026
CRL.M.C. 5109/2026 & CRL.M.A. 21464/2026
ROHIT KUMAR.....Petitioner
Through: Mr. Sandeep Jain, Advocate alongwith
Petitioner in person.
VERSUS
THE STATE GNCT OF DELHI & ANR. .....Respondent
Through: Mr. Rajkumar, APP for the State with
SI Shivram.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner herein seeks quashing of FIR No. 0002/2026 dated 01.01.2026, registered at Police Station Kanjhawala for commission of offences under Sections 115(2)/127(2)/324(4)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 323/342/427/34 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The abovesaid FIR was registered on the basis of complaint made by Sintu, (respondent No.2 herein). On the relevant date i.e. 30.12.2025, he with his friend-Janak had come to Kanjhawala Industrial Area for unloading building material and while parking, the vehicle of his friend Janak touched the other vehicle, which resulted in scuffle and altercation.

3. According to petitioner, he was taken inside one Factory and was tied CRL.M.C. 5109/2026 2 and beaten up.

4. So far, the owner of the factory in question, where the complainant was already tied down, has been intercepted and bound down. He is petitioner herein.

5. Learned APP for the State submits that, thereafter, the complainant is, somehow, not assisting the investigation and is not coming forward.

6. Complainant-Sintu is present and has been duly identified by I.O. He submits that incident had taken place on account of some misunderstanding and that he does not want any action against anyone.

7. Keeping in mind the nature of the allegations, the petitioner was specifically asked and questioned by this Court as to whether, he has been threatened by anyone or not and whether he has, willingly, entered into settlement. He reiterates that the settlement is voluntary in nature and he did not want any action against anyone. He also submits that he had lost his gold chain at the time of incident but the same has already been recovered and, therefore, he would have no objection if FIR is quashed.

8. Copy of Memorandum of Understanding (MoU) dated 23.03.2026 has also been placed on record.

9. I.O. is present with the case diary and same has also been perused. It also contains MLC of the complainant which does not reveal anything substantial.

10. 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. CRL.M.C. 5109/2026 3

11. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

12. Consequently, to secure the ends of justice, FIR No. 0002/2026 dated 01.01.2026, registered at Police Station Kanjhawala for commission of offences under Sections 115(2)/127(2)/324(4)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 323/342/427/34 IPC), along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioners depositing cost of Rs. 25,000/- with Delhi High Court Legal Services Committee within four weeks. Proof of deposit of cost, original MoU alongwith original affidavits of the parties shall be submitted within further two weeks with the concerned SHO/IO.

13. The petition stands disposed of in aforesaid terms.

14. The pending application also stands disposed of.

JUDGE JULY 23, 2026/ss/sk