Court exercises inherent powers under Section 528 BNSS to quash criminal proceedings under IPC sections 328, 379, 506, citing amicable settlement and absence of overriding public interest
In a significant decision delivered on October 12, 2026, the Delhi High Court, presided over by Ms. Mini Pushkarna, J., quashed the First Information Report (FIR No. 129/2021) registered under Sections 328 (causing hurt by dangerous weapons or means), 379 (theft), and 506 (criminal intimidation) of the Indian Penal Code (IPC), along with Section 4 of the Protection of Children from Sexual Offences (POCSO) Act. The case involved the petitioner, Tanvi Rajput, and was registered at Paschim Vihar East Police Station, Outer District, Delhi.
The petition for quashing was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which corresponds to Section 482 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner sought quashing on the basis of a settlement reached with the complainant, respondent no. 2, who no longer wished to pursue the matter.
The charges under the POCSO Act were not framed, and the chargesheet filed on June 3, 2021, framed charges only under the IPC sections mentioned above. The parties had entered into a Memorandum of Understanding/Settlement Deed dated September 10, 2026, resolving all disputes without any monetary compensation. Both parties appeared before the Court, with the complainant affirming his decision not to proceed further.
The Court, after hearing the learned counsels and considering the settlement, noted that continuation of the prosecution would be futile. The learned Additional Public Prosecutor also expressed no objection to quashing the FIR.
The Court relied on the Supreme Court precedent in Gian Singh v. State of Punjab (2012) 10 SCC 303, which permits quashing of criminal proceedings in non-compoundable offences when the dispute is settled amicably, and no overriding public interest is compromised. The judgment emphasized that while serious offences such as murder, rape, dacoity, or offences involving moral turpitude cannot be quashed merely on the basis of settlement, offences bearing a civil or private nature may be quashed in the interest of justice.
The Court also took note of the petitioner's changed circumstances, including her marriage and having a two-year-old daughter, which further justified quashing the FIR to restore peace between the parties.
Consequently, the Delhi High Court quashed FIR No. 129/2021 and all proceedings emanating therefrom. The pending application connected with the petition was also disposed of.
This judgment underscores the Court's balanced approach in exercising inherent powers under Section 528 BNSS to prevent abuse of the legal process while safeguarding public interest.
Bottom Line:
Criminal proceedings arising out of FIR under Sections 328/379/506 IPC were quashed in exercise of inherent powers under Section 528 BNSS on the basis of settlement between parties, where charges under POCSO Act were not framed and continuance of proceedings would be futile as complainant did not wish to pursue the matter.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code 1860 Sections 328, 379, 506, Protection of Children from Sexual Offences Act, 2012 Section 4
Tanvi Rajput v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2995490
