Shailender @ Shalli & Ors. v. The State Govt. of NCT of Delhi and Anr.

Delhi High Court · 28 Jul 2026
Manoj Jain
CRL.M.C. 5277/2026 & CRL.M.C. 5281/2026
criminal appeal_allowed

AI Summary

The Delhi High Court quashed two FIRs arising from a private dispute after the parties amicably settled, exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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CRL.M.C. 5277/2026 & CRL.M.C. 5281/2026 1
HIGH COURT OF DELHI
Date of Decision: 28th July, 2026
CRL.M.C. 5277/2026 & CRL.M.A. 22140/2026
SHAILENDER @ SHALLI & ORS. .....Petitioner
Through: Mr. Pradeep Kr. and Mr. Jitender Kaushik, Advocates.
VERSUS
THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondent
Through: Mr. Sunil Kumar Gautam, APP for the State with SI Pankaj.
CRL.M.C. 5281/2026 & CRL.M.A. 22152-22153/2026
SACHIN KUMAR & ORS. .....Petitioner
Through: Appearance not given.
VERSUS
THE STATE GOVT OF NCT OF DELHI AND ANR.....Respondent
Through: Mr. Sunil Kumar Gautam, APP for the State with SI Pankaj.
Mr. Pradeep Kr. and Mr. Jitender Kaushik, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Both the cases, being connected cross matters, have been taken up together. CRL.M.C. 5277/2026 & CRL.M.C. 5281/2026 2

2. On 30.06.2017, P.S. Bawana registered FIR No.0268/2017 on the basis of complaint made by Mr. Praveen Kumar in which he claimed that he was residing with his family at House No.17, village Harewali. Shri Bhagwan was residing in the neighbourhood there was some confrontation between the two families with respect to parking of vehicles. On 30.06.2017, there was quarrel between the two families. According to complainant-Praveen, all the accused persons i.e. family members of Shri Bhagwan stopped his way and gave beatings to him.

3. When his wife came for his rescue, even she was not spared. In order to save himself, he rushed inside but all the accused persons, allegedly, entered inside their house and gave beatings to him as well as to his family members i.e. Preeti, Krishna and Sachin. According to him, bricks were hurled upon him.

4. Based on his allegations, initially, an FIR for commission of offences under Sections 323/341/452/34 IPC was registered. Subsequently, offence under Section 307 IPC was also added.

5. Admittedly, when said matter was placed before the learned Court of Sessions, it came to conclusion that offence under Section 307 IPC was not made out. Reference be made to order dated 16.12.2021 passed by learned Sessions Court.

6. With respect to the same incident dated 30.06.2017, a cross FIR was registered on the basis of statement of Ms. Murti Devi, wife of Shri Bhagwan, who claimed that on the abovesaid date, the opposite side had attacked them with dandas and rod and bricks were also hurled upon them. According to her, in the abovesaid incident, she and her son Shailendra had received injuries.

7. The FIR in such cross-case is for commission of offences under CRL.M.C. 5277/2026 & CRL.M.C. 5281/2026 3 Sections 323/341/506/34 IPC. Subsequently Sections 452/455 IPC were also added.

8. Both the cases are at the stage of prosecution evidence.

9. Both the sides have, however, entered into amicable settlement and compromise deed has been accordingly executed on 24.11.2025.

10. As per the settlement deed, the parties have settled all their disputes and grievances with respect to both the FIRs. The Settlement has taken place with the intervention of well-wishers, respectables of the village and relatives and respective parties are no longer desirous of pursing their FIRs and, therefore, they have no objection if the abovesaid FIRs are quashed.

11. The concerned injured in FIR 268/2017 are present. They are Praveen, Preeti, Krishna and Sachin.

12. The injured persons in cross FIR are Murti Devi and Shailendra. Murti Devi is present in Court and Shailendra has joined the proceedings through video-conferencing.

13. When asked, they all reiterated the terms of settlement and stated that they would have no objection if the FIRs in question are quashed.

14. They claim that they have entered into the abovesaid settlement out of their own free will, without any coercion and influence from any corner whatsoever and therefore, they would have ‘no objection’ if the respective FIRs are quashed.

15. 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 complainants do not wish to press any charges against the opposite side. CRL.M.C. 5277/2026 & CRL.M.C. 5281/2026 4

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

17. Consequently, to secure the ends of justice, FIR No.268/2017 dated 30.06.2017 registered at P.S. Bawana and FIR No.281/2017 dated 07.07.2017 registered at P.S. Bawana, along with all consequential proceedings arising therefrom, are, hereby, quashed.

18. Original compromise deed and original affidavits of the parties be submitted before the learned Trial Court within two weeks.

19. The present petitions stand disposed of in aforesaid terms.

20. Pending applications also stand disposed of.

JUDGE JULY 28, 2026/ss/sy