Shambhu Mukhiya v. The State (Govt of NCT of Delhi) & Ors.

Delhi High Court · 08 Jul 2026 · 2026:DHC:5536
Manoj Jain
CRL.M.C. 4668/2026
2026:DHC:5536
criminal appeal_allowed

AI Summary

The Delhi High Court quashed a criminal FIR under rash and negligent driving offences based on an amicable settlement and compensation paid to the injured party, exercising its inherent powers under Section 528 BNSS 2023.

Full Text
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CRL.M.C. 4668/2026 1
HIGH COURT OF DELHI
Date of Decision: 08th July, 2026
CRL.M.C. 4668/2026 & CRL.M.A. 19462/2026
SHAMBHU MUKHIYA.....Petitioner
Through: Mr. Arpit Verma with Mr. Chanakya Gupta, Ms. Nandini, Advocates.
VERSUS
THE STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondent
Through: Mr. Raj Kumar, APP with SI Neha and ASI Krishan Lal.
Mr. Rahul and Ms. Shini, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner seeks quashing of FIR No. 114/2024 dated 15.03.2024 registered at Police Station K.N. Katju Marg for commission of offence under Section 281/125, BNS 2023 (corresponding Sections 279/337 IPC) along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The FIR in question was registered on the basis of complaint made by Sumit, who was driving a scooty on the relevant date and time. His friend Deepak was on the pillion seat and when they reached at KNK Marg, one car, driven by the petitioner, hit them from behind. The car was being driven in a rash or negligent manner which resulted in the registration of the abovesaid CRL.M.C. 4668/2026 2 FIR. Deepak received injuries in the abovesaid accident, though, Sumit escaped unhurt.

3. The case is at the stage of prosecution evidence and the quashing is being sought for the reason that the parties have amicably settled the matter.

4. Copy of MoU dated 23.05.2026 has also been placed on record.

5. Sumit (respondent No.2) and Deepak (respondent No.3) are present in the Court and has been duly identified by IO.

6. When asked, both the abovesaid respondents stated that the matter has been amicably settled and they admit the correctness and genuineness of the MoU. As per the settlement terms, the petitioner herein has agreed to make payment of Rs. 50,000/- to injured Deepak as compensation and towards reimbursement of his medical expenses and such amount of Rs. 50,000/- has been received today by Deepak in the shape of Demand Draft drawn on Karur Vysya Bank. They have ‘no objection’ to the quashing of the FIR in question. They submit that the settlement has been arrived at of their own free will and volition, without any coercion and undue influence.

7. It is also informed that when claim was presented before the learned Motor Accident Claims Tribunal (MACT), the injured was awarded Rs.2,00,000/- towards compensation.

8. Petitioner is present in Court and is remorseful for the abovesaid incident. He submits that he is employed as a driver and undertakes to be careful in future.

9. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. CRL.M.C. 4668/2026 3

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

11. Consequently, to secure the ends of justice FIR No. 114/2024 dated 15.03.2024 registered at Police Station K.N. Katju Marg for commission of offence under Section 281/125, BNS 2023 (corresponding Sections 279/337 IPC), along with all consequential proceedings arising therefrom, quashed.

12. The next date of hearing before the learned Trial Court is stated to be 06.10.2026.

13. Original MoU and original affidavits of the parties shall be submitted before the learned Trial Court on the next date of hearing..

14. The petition stands disposed of in aforesaid terms.

15. Pending application also stands disposed of.

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JUDGE JULY 8, 2026/sw/sk