Amarjeet Singh Sarna @ Lucky Sarna And … vs State Nct Of Delhi And Anr on 1 April, 2026

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    Amarjeet Singh Sarna @ Lucky Sarna And … vs State Nct Of Delhi And Anr on 1 April, 2026

    Author: Prateek Jalan

    Bench: Prateek Jalan

                              $~101
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CRL.M.C. 2412/2026
    
                                        AMARJEET SINGH SARNA
                                        @ LUCKY SARNA AND ANR                       .....Petitioner
                                                     Through: Mr. Anup Kr. Das, Mr. Narender
                                                              Dhir, Ms. Prachi Sharma & Ms.
                                                              Ishita Singh, Advocates.
                                                     versus
    
                                        STATE NCT OF DELHI AND ANR                .....Respondent
                                                      Through: Ms. Manjeet Arya, APP for State.
                                                               SI Naresh Kr. Sharma & SI Mange
                                                               Ram Sharma, PS Shahdra.
                                                               Appearance for R-2 not given.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PRATEEK JALAN
                                                ORDER
    

    % 01.04.2026
    CRL.M.A. 9847/2026 (Exemption)
    Exemption allowed, subject to all just exceptions.
    The application stands disposed of.

    CRL.M.C. 2412/2026

    SPONSORED

    1. The petitioners have filed this petition under Section 528 of the
    Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] (corresponding to
    Section 482 of the Code of Criminal Procedure, 1973 [“CrPC“]), seeking
    quashing of FIR No. 258/2025 dated 02.08.2025, registered at Police
    Station Shahdara, New Delhi, under Sections 109(1)/74/3(5) of the
    Bharatiya Nyaya Sanhita, 2023 [“BNS”], and consequential proceedings
    emanating therefrom, on the ground of settlement arrived at between the

    CRL.M.C. 2412/2026 Page 1 of 8

    This is a digitally signed order.

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    parties.

    2. Issue notice. Ms. Manjeet Arya accepts notice on behalf of the
    State. Learned counsel accepts notice on behalf of the respondent No.2.

    3. The allegations, as emerging from the impugned FIR, are that on
    02.08.2025, following a dispute between the complainant’s father and
    neighbours over parking area, the petitioners and their associates,
    allegedly entered the complainant’s residence. Petitioner No. 1 is alleged
    to have pushed and slapped the complainant’s mother, while his son
    [petitioner No. 2] restrained her. The petitioners are further alleged to
    have used abusive language and made threats to the complainant and his
    family. It is also alleged that when the complainant, alongwith his
    colleague, attempted to proceed to the police station, they encountered 5-
    6 associates of the petitioners, who were allegedly armed with lathis and
    a sword. Upon exiting the building, the petitioners are stated to have
    thrown bricks and stones from the balcony, resulting in injuries to the
    complainant and his colleague, Prashant Chaudhary, who received
    medical attention.

    4. It is noted that apart from the respondent No.2 herein, other
    victims, namely, Prashant Chaudhary and mother of respondent No.2,
    have not been impleaded as parties to the present proceedings. However,
    they are present on video conference and have stated that they have no
    objection to the quashing of the FIR. I am also informed that the
    allegation under Section 74 BNS (corresponding to Section 354 IPC)
    arose from a misunderstanding in the context of a neighbourhood dispute.

    5. During the pendency of the proceedings, and with the intervention
    of family members and well-wishers, the parties have amicably resolved

    CRL.M.C. 2412/2026 Page 2 of 8

    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 06/04/2026 at 20:42:51
    their disputes, without any monetary settlement, as recorded in a
    settlement deed dated 24.12.2025.

    6. In view of the aforesaid, the parties seek quashing of the impugned
    FIR.

    7. It is now well established that, even in cases involving non-
    compoundable offences, the High Court can exercise its inherent powers
    under Section 482 of the CrPC and Section 528 of the BNSS to quash
    proceedings where the parties have reached a compromise. This power,
    however, is discretionary, and the Court is guided by certain established
    principles when deciding such matters.

    8. In Gian Singh v. State of Punjab the Supreme Court reviewed
    several earlier decisions, including those relating to Section 307 IPC
    (corresponding to Section 109 of BNS)1, and summarized the legal position
    as follows:

    “61. The position that emerges from the above discussion can be
    summarised thus: the power of the High Court in quashing a criminal
    proceeding or FIR or complaint in exercise of its inherent jurisdiction
    is distinct and different from the power given to a criminal court for
    compounding the offences under Section 320 of the Code. Inherent
    power is of wide plenitude with no statutory limitation but it has to be
    exercised in accord with the guideline engrafted in such power viz. :

    (i) to secure the ends of justice, or (ii) to prevent abuse of the process
    of any court. In what cases power to quash the criminal proceeding
    or complaint or FIR may be exercised where the offender and the
    victim have settled their dispute would depend on the facts and
    circumstances of each case and no category can be prescribed.

    However, before exercise of such power, the High Court must have due
    regard to the nature and gravity of the crime. Heinous and serious
    offences of mental depravity or offences like murder, rape, dacoity, etc.
    cannot be fittingly quashed even though the victim or victim’s family
    and the offender have settled the dispute. Such offences are not private
    in nature and have a serious impact on society. Similarly, any

    1
    Ishwar Singh v. State of Madhya Pradesh, (2008) 15 SCC 667.

    CRL.M.C. 2412/2026 Page 3 of 8

    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 06/04/2026 at 20:42:51
    compromise between the victim and the offender in relation to the
    offences under special statutes like the Prevention of Corruption Act or
    the offences committed by public servants while working in that
    capacity, etc.; cannot provide for any basis for quashing criminal
    proceedings involving such offences. But the criminal cases having
    overwhelmingly and predominatingly civil flavour stand on a
    different footing for the purposes of quashing, particularly the
    offences arising from commercial, financial, mercantile, civil,
    partnership or such like transactions or the offences arising out of
    matrimony relating to dowry, etc. or the family disputes where the
    wrong is basically private or personal in nature and the parties have
    resolved their entire dispute. In this category of cases, the High Court
    may quash the criminal proceedings if in its view, because of the
    compromise between the offender and the victim, the possibility of
    conviction is remote and bleak and continuation of the criminal case
    would put the accused to great oppression and prejudice and extreme
    injustice would be caused to him by not quashing the criminal case
    despite full and complete settlement and compromise with the victim.
    In other words, the High Court must consider whether it would be
    unfair or contrary to the interest of justice to continue with the
    criminal proceeding or continuation of the criminal proceeding would
    tantamount to abuse of process of law despite settlement and
    compromise between the victim and the wrongdoer and whether to
    secure the ends of justice, it is appropriate that the criminal case is put
    to an end and if the answer to the above question(s) is in the
    affirmative, the High Court shall be well within its jurisdiction to
    quash the criminal proceeding.”2

    9. Three subsequent judgments of the Supreme Court specifically
    address cases arising under Section 109 of BNS (corresponding to Section
    307
    IPC):

    a. In Narinder Singh & Ors. v. State of Punjab & Anr.3, after
    considering the decision in Gian Singh and other judgments concerning
    Section 307 IPC (corresponding to Section 109 of BNS), the Court
    distilled the following legal principles:

    “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

    2
    Emphasis supplied.

    3

    (2014) 6 SCC 466, [hereinafter, “Narinder Singh”].

    CRL.M.C. 2412/2026 Page 4 of 8

    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 06/04/2026 at 20:42:51
    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
    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.

    29.6. Offences under Section 307 IPC would fall in the category of
    heinous and serious offences and therefore are to be generally treated
    as crime against the society and not against the individual alone.
    However, the High Court would not rest its decision merely because
    there is a mention of Section 307 IPC in the FIR or the charge is

    CRL.M.C. 2412/2026 Page 5 of 8

    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 06/04/2026 at 20:42:51
    framed under this provision. It would be open to the High Court to
    examine as to whether incorporation of Section 307 IPC is there for
    the sake of it or the prosecution has collected sufficient evidence,
    which if proved, would lead to proving the charge under Section 307
    IPC. For this purpose, it would be open to the High Court to go by the
    nature of injury sustained, whether such injury is inflicted on the
    vital/delicate parts of the body, nature of weapons used, etc. Medical
    report in respect of injuries suffered by the victim can generally be the
    guiding factor. On the basis of this prima facie analysis, the High
    Court can examine as to whether there is a strong possibility of
    conviction or the chances of conviction are remote and bleak. In the
    former case it can refuse to accept the settlement and quash the
    criminal proceedings whereas in the latter case it would be permissible
    for the High Court to accept the plea compounding the offence based
    on complete settlement between the parties. At this stage, the Court
    can also be swayed by the fact that the settlement between the parties
    is going to result in harmony between them which may improve their
    future relationship.

    29.7. While deciding whether to exercise its power under Section 482
    of the Code or not, timings of settlement play a crucial role. Those
    cases where the settlement is arrived at immediately after the alleged
    commission of offence and the matter is still under investigation, the
    High Court may be liberal in accepting the settlement to quash the
    criminal proceedings/investigation. It is because of the reason that at
    this stage the investigation is still on and even the charge-sheet has not
    been filed. Likewise, those cases where the charge is framed but the
    evidence is yet to start or the evidence is still at infancy stage, the High
    Court can show benevolence in exercising its powers favourably, but
    after prima facie assessment of the circumstances/material mentioned
    above. On the other hand, where the prosecution evidence is almost
    complete or after the conclusion of the evidence the matter is at the
    stage of argument, normally the High Court should refrain from
    exercising its power under Section 482 of the Code, as in such cases
    the trial court would be in a position to decide the case finally on
    merits and to come to a conclusion as to whether the offence under
    Section 307 IPC is committed or not. Similarly, in those cases where
    the conviction is already recorded by the trial court and the matter is
    at the appellate stage before the High Court, mere compromise
    between the parties would not be a ground to accept the same resulting
    in acquittal of the offender who has already been convicted by the trial
    court. Here charge is proved under Section 307 IPC and conviction is
    already recorded of a heinous crime and, therefore, there is no
    question of sparing a convict found guilty of such a crime.”

    CRL.M.C. 2412/2026 Page 6 of 8

    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 06/04/2026 at 20:42:51
    b. In State of Madhya Pradesh v. Laxmi Narayan & Ors.4, the same
    principles were reaffirmed.

    c. Subsequently, in the recent decision of Naushey Ali & Ors. v. State
    of Uttar Pradesh & Anr.5
    , these principles were applied to set aside a
    prosecution under Section 109 of BNS (corresponding to Section 307
    IPC).

    10. Applying these principles to the present case and considering the
    overall facts and circumstances, I am of the view that it is appropriate to
    invoke the inherent powers of this Court to quash the proceedings. A
    copy of the Medico-Legal Certificate [“MLC”] dated 02.08.2025, issued
    by Guru Teg Bahadur Hospital, New Delhi, has been handed over in
    Court and is taken on record. The MLC indicates that the injuries
    sustained are described as “swelling and tenderness present on the right
    hand palm” and “abrasion associated with the tenderness over the third
    finger of the right hand”; however, the nature of injuries is still pending
    observation. Therefore, prima facie, this is not a case where allegations
    under Section 109 of BNS (corresponding to Section 307 IPC) are clearly
    made out in the MLC.

    11. The offence, in the context of the compromise, is predominantly
    private in character, arising from a neighbourhood dispute stemming from
    a misunderstanding between parties who were already known to each
    other. The settlement was reached within five months of registration of
    the FIR. In these circumstances, the likelihood of conviction is remote,
    and continuation of the proceedings would cause undue hardship and

    4
    (2019) 5 SCC 688, [hereinafter, “Laxmi Narayan”].

    5

    (2025) 4 SCC 78.

    CRL.M.C. 2412/2026 Page 7 of 8

    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 06/04/2026 at 20:42:51
    prejudice to the petitioners, notwithstanding the full and complete
    settlement with the victims. The fact that the compromise was reached at
    an early stage of the investigation further supports the exercise of this
    Court’s discretion to quash the FIR.

    12. In light of the aforesaid, FIR No. 258/2025 dated 02.08.2025,
    registered at Police Station Shahdara, New Delhi, under Sections
    109(1)/74/3(5) of BNS, alongwith all consequential proceedings arising
    therefrom, is hereby quashed.

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

    14. The petition, alongwith pending application, if any, stand disposed
    of.

    PRATEEK JALAN, J
    APRIL 1, 2026
    ‘pv’/SD/

    CRL.M.C. 2412/2026 Page 8 of 8

    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 06/04/2026 at 20:42:51



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