Court exercises inherent powers under Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings following a mutually agreed settlement between parties.
In a significant ruling, the Delhi High Court, presided over by Justice Prateek Jalan, has quashed an FIR filed under Sections 110/3(5) of the Bharatiya Nyaya Sanhita, 2023, against petitioner M.K. Stephen and co-accused Keke Yambem. The FIR, registered on 9th March 2025, at Police Station Dabri, District Dwarka, Delhi, was based on allegations of assault during an altercation between friends.
The court's decision came after the parties involved amicably resolved their disputes and executed a Settlement Deed on 24th March 2025. Counsel for both parties confirmed that the settlement was voluntary, without any coercion, and that there were no remaining grievances. Respondent No. 3, who sustained a head injury during the incident, affirmed his recovery and lack of lasting harm.
The judgment draws upon the court's inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a provision equivalent to Section 482 of the Code of Criminal Procedure, 1973. This section allows the High Court to quash criminal proceedings when parties have settled disputes, provided it does not adversely affect public interest. The Supreme Court's precedents in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab were pivotal in guiding the decision.
Justice Jalan emphasized that the continuation of criminal proceedings in this case would serve no meaningful purpose, as the dispute stemmed from a personal quarrel rather than a heinous crime. The court noted that the charges under Section 110 of the Bharatiya Nyaya Sanhita had been dropped, and there were no allegations of using sharp weapons or firearms.
Acknowledging the settlement's civil nature, the court concluded that ending the proceedings would better serve justice and prevent unnecessary discord. The judgment, however, imposed conditions requiring the petitioner and respondent No. 4 to perform community service at the Regional Institute of Medical Science, Manipur, and collectively pay Rs. 10,000 to the Delhi High Court Bar Association Costs Account.
The court's order to quash the FIR and related proceedings underscores the judiciary's discretion in resolving cases where parties reach a mutual settlement, aligning with the principle of securing justice and preventing judicial process abuse.
Bottom Line:
Exercise of inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 CrPC) to quash criminal proceedings is justified when parties amicably settle disputes, provided such settlement does not adversely affect overriding public interest.
Statutory provision(s):
Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of CrPC), Sections 110/3(5) of Bharatiya Nyaya Sanhita, 2023
M.K. Stephen v. State of NCT of Delhi, (Delhi) : Law Finder Doc id 2972974
