Delhi High Court on Quashing of FIR by Settlement.

Headnote:

The High Court quashed FIR No. 240/2025, registered at P.S. Paschim Vihar, under Sections 290/106 BNS (288/304A IPC), following an amicable settlement between the petitioners and the legal heirs of the deceased. The court emphasized that such quashing is permissible to secure the ends of justice and prevent abuse of the court process where disputes have been resolved voluntarily.

Background:

1. FIR dated 01.08.2025 was registered against petitioners for alleged negligence during demolition work, leading to the death of respondent no. 2’s husband.
2. Sections invoked: 290/106 BNS, read with 288/304A IPC.
3. The parties reached an amicable settlement, with petitioners paying compensation:
4. Rs. 3,00,000 to respondent no. 2
5. Rs. 2,00,000 to respondent no. 3
6. Rs. 1,55,000 via demand drafts in court

Court Findings:

1. Parties were present, identified, and confirmed the settlement was voluntary and without coercion.
2. The Additional PP for the State raised no objection to quashing.
3. Reliance on Gian Singh v. State of Punjab (2012) 10 SCC 303: High Court can quash criminal proceedings if continuation is unfair or an abuse of process.
4. Reliance on B.S. Joshi v. State of Haryana (2003) 4 SCC 675: Section 482 powers allow quashing of non-compoundable offences after considering settlement and nature of offence.

Decision:

1. FIR No. 240/2025 and all consequential proceedings are quashed.
2. Petition allowed and disposed of.

Legal Provisions Discussed:

1. Sections 290/106 BNS and 288/304A IPC – Negligence, nuisance, or endangering life
2. Section 482 Cr.P.C. – Inherent powers of High Court to secure ends of justice or prevent abuse of process

Citation: 2025:DEL:CRL.M.C:6816/2025

Case: Vikas Gupta & Anr. v. State of NCT of Delhi & Ors.

Court: High Court of Delhi at New Delhi

Coram: Justice Ravinder Dudeja

Date of Decision: 15 November 2025