Sh. Himanshu Rathi vs The State Nct Of Delhi And Anr on 21 July, 2026

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    Sh. Himanshu Rathi vs The State Nct Of Delhi And Anr on 21 July, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~93 Q
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    CRL.M.C. 5057/2026
                                   SH. HIMANSHU RATHI                              .....Petitioner
                                                   Through: Mr. Rahul Mourya, Advocate,
                                                            along with Petitioner in person
                                                   versus
    
                                  THE STATE NCT OF DELHI AND ANR            .....Respondents
                                                Through: Mr. Yudhvir Singh Chauhan, APP
                                                           for State.
                                                           SI Sunil Kumar, PS Kapashera.
                                                           [M:-8527370678]
                                                           Mr. Yogesh, Advocate for R-2,
                                                           along with R-2 on Video
                                                           Conference ["VC"].
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
                                                ORDER
    

    % 21.07.2026
    CRL.M.A. 21197/2026 (Exemption)
    Exemption allowed, subject to all just exceptions.
    The application stands disposed of.

    CRL.M.A. 21198/2026 (Condonation of delay in re-filing)
    The petitioner has filed the present application seeking condonation
    of 15 days’ delay in re-filing the captioned petition.

    SPONSORED

    For the reasons stated in the application, the same is allowed and
    the delay in re-filing the petition is condoned.

    The application is accordingly disposed of.

    CRL.M.C. 5057/2026

    1. The petitioner has filed the present petition under Section 528 of
    the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”], corresponding

    CRL.M.C. 5057/2026 Page 1 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46
    to Section 482 of the Code of Criminal Procedure, 1973 [“CrPC“],
    seeking quashing of FIR No. 356/2024 dated 05.09.2024, registered at
    Police Station Kapashera, District South West, Delhi, under Sections
    118(2)
    /126(2) of the Bharatiya Nyaya Sanhita, 2023 [“BNS”], and
    Sections 25/27 of the Arms Act, 1959 [“Arms Act“], alongwith all
    proceedings emanating therefrom, on the ground that the dispute between
    the parties has been amicably settled.

    2. Issue notice. Mr. Yudhvir Singh Chauhan, learned Additional
    Public Prosecutor, accepts notice on behalf of the State. Mr. Yogesh,
    learned counsel, accepts notice on behalf of respondent No. 2.

    3. The petitioner is present in Court and has been identified by his
    learned counsel and the Investigating Officer. Respondent No. 2 is
    present through video conference and has likewise been identified by his
    learned counsel and the Investigating Officer.

    4. The allegations, as set out in the FIR, are that on 05.09.2024, the
    complainant [respondent No. 2 herein] was driving his employer’s car
    after picking up his employer’s daughter from school. It is alleged that,
    near Bijwasan Toll Tax, the complainant was intercepted by the
    petitioner, who was riding a motorcycle. A quarrel is stated to have
    thereafter ensued on account of a dispute regarding the complainant
    giving way on the road, during which the petitioner allegedly abused and
    assaulted the complainant and subsequently attacked him with a knife,
    causing a stab injury to his abdomen. The injured complainant was
    thereafter taken to Manipal Hospital, where his MLC was prepared. The
    petitioner was, in the meantime, apprehended at the spot by members of
    the public and handed over to the police, resulting in the registration of

    CRL.M.C. 5057/2026 Page 2 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46
    the FIR.

    5. The chargesheet has already been filed, and the proceedings are
    presently at the stage of prosecution evidence before the learned
    Magistrate’s Court.

    6. In the meantime, the petitioner and respondent No. 2 have entered
    into a Compromise/Settlement Deed dated 14.05.2026. The settlement
    records that the parties have amicably resolved all their disputes and that
    respondent No. 2 shall cooperate with the quashing of the present FIR
    and all proceedings emanating therefrom. Respondent No. 2 further states
    that he has not suffered any permanent injury or disability on account of
    the incident.

    7. Learned counsel for the parties confirm that the settlement has been
    entered into voluntarily and without any coercion or undue pressure.

    8. In light of the aforesaid, parties seek quashing of the impugned
    FIR.

    9. The Supreme Court has consistently recognised that, in appropriate
    cases, the High Court may exercise its inherent jurisdiction under Section
    528 of the BNSS, corresponding to Section 482 of the CrPC, to quash
    criminal proceedings even in respect of non-compoundable offences
    where the parties have amicably resolved their dispute. Such power may
    be exercised where, having regard to the facts and circumstances of the
    case, the continuation of the proceedings would serve no useful purpose
    and the settlement between the parties does not adversely affect any
    overriding public interest.

    CRL.M.C. 5057/2026 Page 3 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46

    10. The Supreme Court, in Gian Singh v. State of Punjab & Anr.,1 has
    held as follows:

    “58. Where the High Court quashes a criminal proceeding having
    regard to the fact that the dispute between the offender and the victim
    has been settled although the offences are not compoundable, it does so
    as in its opinion, continuation of criminal proceedings will be an
    exercise in futility and justice in the case demands that the dispute
    between the parties is put to an end and peace is restored; securing the
    ends of justice being the ultimate guiding factor. No doubt, crimes are
    acts which have harmful effect on the public and consist in wrongdoing
    that seriously endangers and threatens the well-being of the society and
    it is not safe to leave the crime-doer only because he and the victim have
    settled the dispute amicably or that the victim has been paid
    compensation, yet certain crimes have been made compoundable in law,
    with or without the permission of the court. In respect of serious offences
    like murder, rape, dacoity, etc., or other offences of mental depravity
    under IPC or offences of moral turpitude under special statutes, like the
    Prevention of Corruption Act or the offences committed by public
    servants while working in that capacity, the settlement between the
    offender and the victim can have no legal sanction at all. However,
    certain offences which overwhelmingly and predominantly bear civil
    flavour having arisen out of civil, mercantile, commercial, financial,
    partnership or such like transactions or the offences arising out of
    matrimony, particularly relating to dowry, etc. or the family dispute,
    where the wrong is basically to the victim and the offender and the
    victim have settled all disputes between them amicably, irrespective of
    the fact that such offences have not been made compoundable, the
    High Court may within the framework of its inherent power, quash the
    criminal proceeding or criminal complaint or FIR if it is satisfied that
    on the face of such settlement, there is hardly any likelihood of the
    offender being convicted and by not quashing the criminal
    proceedings, justice shall be casualty and ends of justice shall be
    defeated. The above list is illustrative and not exhaustive. Each case will
    depend on its own facts and no hard-and-fast category can be
    2
    prescribed.”

    Further, in Narinder Singh & Ors. v. State of Punjab & Anr.,3 the

    1
    (2012) 10 SCC 303.

    2

    Emphasis supplied.

    3

    (2014) 6 SCC 466.

    CRL.M.C. 5057/2026 Page 4 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46
    Supreme Court has also laid down guidelines for High Courts while
    accepting settlement deeds between parties and quashing the proceedings.
    The relevant observations in the said decision read as under:

    “29. In view of the aforesaid discussion, we sum up and lay down the
    following principles by which the High Court would be guided in giving
    adequate treatment to the settlement between the parties and exercising
    its power under Section 482 of the Code while accepting the settlement
    and quashing the proceedings or refusing to accept the settlement with
    direction to continue with the criminal proceedings:

    29.1. Power conferred under Section 482 of the Code is to be
    distinguished from the power which lies in the Court to compound the
    offences under Section 320 of the Code. No doubt, under Section 482 of
    the Code, the High Court has inherent power to quash the criminal
    proceedings even in those cases which are not compoundable, where the
    parties have settled the matter between themselves. However, this power
    is to be exercised sparingly and with caution.

    29.2. When the parties have reached the settlement and on that basis
    petition for quashing the criminal proceedings is filed, the guiding
    factor in such cases would be to secure:

    (i) ends of justice, or

    (ii) to prevent abuse of the process of any court.

    While exercising the power the High Court is to form an opinion on
    either of the aforesaid two objectives.

    29.3. Such a power is not to be exercised in those prosecutions which
    involve heinous and serious offences of mental depravity or offences like
    murder, rape, dacoity, etc. Such offences are not private in nature and
    have a serious impact on society. Similarly, for the offences alleged to
    have been committed under special statute like the Prevention of
    Corruption Act
    or the offences committed by public servants while
    working in that capacity are not to be quashed merely on the basis of
    compromise between the victim and the offender.

    29.4. On the other hand, those criminal cases having overwhelmingly
    and predominantly civil character, particularly those arising out of
    commercial transactions or arising out of matrimonial relationship or
    family disputes should be quashed when the parties have resolved their
    entire disputes among themselves.

    29.5. While exercising its powers, the High Court is to examine as to

    CRL.M.C. 5057/2026 Page 5 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46
    whether the possibility of conviction is remote and bleak and
    continuation of criminal cases would put the accused to great oppression
    and prejudice and extreme injustice would be caused to him by not
    quashing the criminal cases.” 4

    11. The offences alleged in the subject FIR arise out of a sudden
    altercation. Although a sharp-edged weapon is alleged to have been used
    during the incident, respondent No. 2 has categorically stated that he did
    not suffer any permanent injury or disability as a result thereof. The
    allegations do not, therefore, disclose any element of heinous criminality,
    that would warrant the continuation of the criminal proceedings.

    12. Applying the principles laid down by the Supreme Court, it is also
    significant that respondent No. 2 has unequivocally affirmed before the
    Court that the settlement has been entered into voluntarily. In these
    circumstances, the possibility of the criminal proceedings culminating in
    a conviction appears remote, and their continuation would serve no
    meaningful purpose. The same would instead amount to a futile exercise,
    unnecessarily burdening the criminal justice system and consuming
    valuable public resources.

    13. However, having regard to the nature of the offence, I accept the
    suggestion advanced by Mr. Chauhan that the present case is an
    appropriate one for the imposition of costs and for directing the petitioner
    to undertake community service as a condition for quashing the criminal
    proceedings.

    14. Having regard to the foregoing discussion, the petition is allowed
    and FIR No. 356/2024 dated 05.09.2024, registered at Police Station

    4
    Emphasis supplied.

    CRL.M.C. 5057/2026 Page 6 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46
    Kapashera, District South West, Delhi, under Sections 118(2)/126(2) of
    the BNS and Sections 25/27 of the Arms Act, 1959, alongwith all
    consequential proceedings emanating therefrom, is hereby quashed,
    subject to the petitioner paying a sum of Rs. 25,000/- to respondent No. 2
    towards costs and depositing a sum of Rs. 15,000/- in the Delhi High
    Court Bar Association Costs Account [A/C No. 15530110179338; IFSC
    No. UCBA0001553; UCO Bank, Delhi High Court Branch], within a
    period of two weeks from today. The petitioner shall thereafter file an
    affidavit, alongwith proof of such payment and deposit, within a further
    period of one week.

    15. The petitioner shall also undertake community service at
    Safdarjung Hospital, New Delhi. Accordingly, the petitioner shall report
    to the Medical Superintendent on 29.07.2026 at 11:00 a.m. The Medical
    Superintendent is requested to assign suitable duties to the petitioner, who
    shall complete eight sessions of community service, each of three hours’
    duration, within a period of three months. Upon completion of the
    aforesaid community service, the Medical Superintendent is further
    requested to issue a certificate of compliance, which the petitioner shall
    place on record before this Court within a period of two weeks thereafter.

    16. The parties shall remain bound by the terms of the settlement.

    17. The petition, alongwith pending applications, accordingly stands
    disposed of.

    PRATEEK JALAN, J
    JULY 21, 2026
    ‘pv’/MK/

    CRL.M.C. 5057/2026 Page 7 of 7

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 23/07/2026 at 21:16:46



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