Kaushal Kumar Yadav & Anr. v. The State of NCT of Delhi & Anr.

Delhi High Court · 30 Jan 2026 · 2026:DHC:802
Manoj Jain
CRL.M.C. 798/2026
2026:DHC:802
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under BNS 2023 for attempt to commit culpable homicide based on a genuine compromise between parties in a private dispute involving minor injuries.

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CRL.M.C. 798/2026 1
HIGH COURT OF DELHI
Date of Decision: 30th January, 2026
CRL.M.C. 798/2026 & CRL.M.A. 3157/2026
KAUSHAL KUMAR YADAV & ANR. .....Petitioners
Through: Mr. Ajay Paul, Ms. Geeta Paul and Mr. Ravi Verma, Advocates.
VERSUS
THE STATE OF NCT OF DELHI & ANR. .....Respondents
Through: Mr. Satinder Singh Bawa, APP for the
State
WITH
SI Pawan Kumar, PS Prashant Vihar.
Respondent in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 415/2025 dated 01.07.2025, registered at P.S. Prashant Vihar, Delhi, under Sections 110/351(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 308/506 of IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Both the petitioners are vegetable-sellers and so is the complainant (respondent No.2 herein).

3. On the date of incident, a quarrel had taken place for the reason that the petitioners were furious as to why the complainant was selling vegetables, on a relatively cheaper rate. He was beaten up with rod and danda. Though, the injuries were found to be simple in nature, yet keeping in mind the overall facts of the case, the abovesaid FIR was registered for attempt to commit CRL.M.C. 798/2026 2 culpable homicide.

4. Charge-sheet has also been filed for the abovesaid penal provision.

5. It is now informed that both the parties have entered into settlement and, therefore, the injured i.e. complainant Niraj Kumar @ Roshan Kumar, is no longer interested in pursuing his present complaint.

6. Respondent No.2 is present and is duly identified by the Investigating Officer i.e. SI Sh. Pawan Kumar.

7. When asked, respondent No.2 has reiterated the terms and conditions of the settlement and stated that the quarrel had taken place on a very petty issue and since they are from the same locality and are also distant relatives, he is no longer interested in pursuing with instant FIR and has entered into settlement voluntarily, without any kind of pressure. He also submits that he does not wish to seek any monetary compensation from them as, even otherwise, the expenditure incurred by him on his treatment was negligible.

8. Both the petitioners are also present in Court and undertake not to indulge in such type of activities in future.

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 Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

11. Consequently, to secure the ends of justice, FIR No. 415/2025 dated 01.07.2025, registered at P.S. Prashant Vihar, Delhi, under Sections 110/351(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding CRL.M.C. 798/2026 3 Sections 308/506 of IPC), along with all consequential proceedings emanating therefrom, is hereby, quashed.

12. The petition stands disposed of in aforesaid terms.

13. Pending application also stands disposed of.

JUDGE JANUARY 30, 2026/st/sa