Full Text
HIGH COURT OF DELHI
Date of Decision: 16.12.2025 ,,,,,,,,,, W.P.(CRL) 4163/2025 & CRL.M.A. 37540/2025EXEMPTION
FROM FILING CLEAR/ TYPED COPIES ETC MR. ABDUR RAHMAN KHAN .....Petitioner
Through: Mr. Md. Irshad Hanif, Mr. Ankush Sharma, Advs.
Through: Mr. Rahul Tyagi, ASC
Mr. Virender Maurya, Adv. for R-2
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 233/2025, dated 22.08.2025, registered at P.S Shakarpur, Delhi under Sections 281/125(a) BNS (279/337 IPC) and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per allegations, on 21.08.2025 at around 9:30 PM, petitioner while driving his car no. DL 7CP 0250 at a fast speed and in a rash and negligent manner struck against respondent no. 2/ a pedestrian, thereby causing him injuries. FIR No. 233/2025 was lodged at the instance of respondent no.2 under Sections 281/125(a) BNS against the petitioner.
3. Ld. ASC who appears for the State submits that the case is still under investigation inasmuch as charge sheet has not been filed till date and as per the opinion of the doctor the injuries suffered are grievous in nature.
4. It is submitted that during the course of proceedings, the parties have amicably resolved their disputes and executed a Memorandum of Understanding dated 28.11.2025. It is also submitted that petitioner has already paid Rs. 15,000/- (Rupees Fifteen Thousand only) to respondent no. 2 by cheque no. 884152 and has transferred Rs. 35,000/- (Rupees Thirty Five Thousand) today through UPI in the account of the son of the respondent no. 2. Copy of the Memorandum of Understanding dated 28.11.2025 is Annexure P-2.
5. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer ASI Shiv Kumar, from PS Shakarpur.
6. Respondent no. 2 confirms that the matter has been amicably settled with the petitioner without any force, fear, coercion and he has received the entire settlement amount and has no objection if the FIR No. 233/2025 is quashed against the petitioner.
7. In view of the settlement between the parties, learned ASC appearing for the State, also has no objection if the present FIR NO. 233/2025 is quashed.
8. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
9. Further, it is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
10. While it is true that the offence under Section 279 of IPC is not an offence in personam, thereby that it affects society at large and not just the individual complainant, the Court must also take into account the practical realities of securing a conviction in the present case. The Supreme Court has consistently held that where the chances of conviction are remote due to an amicable settlement between the parties, the Court should consider whether continuing the prosecution would serve any meaningful purpose.
11. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, it would be in the interest of justice, to quash the abovementioned FIR and the proceedings pursuant thereto.
12. The petition is allowed, and the FIR No. 233/2025, dated 22.08.2025, registered at P.S Shakarpur, Delhi under section 281/125(a) BNS and all the other consequential proceeding emanating therefrom is hereby quashed.
13. Petition is allowed and disposed of accordingly.
14. Pending application(s), if any, also stand disposed of.