Arun Lohiya @ Annu And Ors vs State Of Nct Of Delhi & Anr on 15 May, 2026

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Delhi High Court - Orders

Arun Lohiya @ Annu And Ors vs State Of Nct Of Delhi & Anr on 15 May, 2026

1. The petitioners have filed the present 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. 139/2018 dated 22.04.2018, registered at Police Station Fatehpur Beri, District South, Delhi, under Sections 323/341/354/354B/427/506/34 of the Indian Penal Code, 1860 ["IPC"], alongwith all consequential proceedings arising therefrom, on the ground that the dispute between the parties has been amicably settled.

2. Issue notice. Mr. Hitesh Vali, learned Additional Public Prosecutor, accepts notice on behalf of the State. Ms. Harshita Singh, learned counsel, accepts notice on behalf of respondent No. 2 - complainant.

CRL.M.C. 3776/2026 Page 1 of 6

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3. The parties are present in Court, and have been duly identified by their respective learned counsel and the Investigating Officer. The petition is taken up for disposal with the consent of learned counsel for the parties.

4. The impugned FIR was registered at the instance of respondent No. 2, alleging that the petitioners herein came to her plot, damaged the roof of her house, and threatened her to vacate the plot. Upon completion of the investigation, a chargesheet was filed under Sections 323, 341, 354, 354B, 427, 451, 506, and 34 of the IPC.

5. The parties have since amicably resolved their disputes, as recorded in the Compromise Deed dated December 2025. The settlement, which has been arrived at without any monetary compensation, records that the parties have resolved their disputes with the intervention of members of the locality and their respective families.

6. Respondent No. 2, who is present in Court and represented by learned counsel, submits that the allegations under Sections 354 and 354B of the IPC arose out of a misunderstanding and that she does not wish to pursue the same.

7. Learned counsel for the parties also confirm that the settlement has been entered into voluntarily, without any coercion, undue influence, or pressure of any kind.

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

9. Although the offences under Sections 354 and 354B of the IPC are non-compoundable, the Supreme Court has clearly held that, in certain circumstances, the High Courts, in exercise of their powers under Section CRL.M.C. 3776/2026 Page 2 of 6 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 18/05/2026 at 22:18:50 482 of the CrPC [corresponding to Section 528 of the BNSS], can quash criminal proceedings, even with respect to non-compoundable offences, on the ground that there is a compromise between the accused and the complainant, especially when no overarching public interest is adversely affected. Reference in this connection can be made to the judgment in Gian Singh v. State of Punjab and Anr.1, which 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-

(2012) 10 SCC 303.

CRL.M.C. 3776/2026 Page 3 of 6

This is a digitally signed order.

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

Emphasis supplied.

(2014) 6 SCC 466.

CRL.M.C. 3776/2026 Page 4 of 6

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 18/05/2026 at 22:18:50 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 4 him by not quashing the criminal cases."

10. The offences alleged in the subject FIR arise from a personal dispute between the parties and are essentially private in nature. While the allegations are serious, they stem from a misunderstanding and do not engage any wider public interest or grave criminality. Applying the tests laid down by the Supreme Court, it may be observed that respondent No.2 has also categorically affirmed the voluntary nature of the settlement before the Court, and stated that the allegations under Sections 354 and 354B of the IPC arose from a misunderstanding, which no longer subsists in view of the amicable resolution between the parties. In these circumstances, the criminal proceedings are unlikely to result in conviction, and its continuation would be an empty formality, adding to the burden of the justice system and consuming public resources unnecessarily.

11. However, having regard to the substantial period during which the law enforcement and judicial system have remained engaged in the investigation and prosecution of the offences in question, the petitioners are directed to deposit costs of Rs.20,000/- collectively with the Delhi High Court Bar Association [A/C No. 15530110179338, IFSC No. UCBA0001553, Bank Name: UCO Bank, Branch: Delhi High Court].

12. The costs be deposited within two weeks from today. An affidavit of compliance shall be filed within two weeks thereafter.

Emphasis supplied.

CRL.M.C. 3776/2026 Page 5 of 6

This is a digitally signed order.

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13. In view of the above, the petition is allowed, and FIR No. 139/2018 dated 22.04.2018, registered at Police Station Fatehpur Beri, District South, Delhi, under Sections 323/341/354/354B/427/506/34 of the IPC, alongwith all consequential proceedings arising therefrom, is hereby quashed, subject to payment of costs as aforesaid.

14. The petition accordingly stands disposed of.

PRATEEK JALAN, J MAY 15, 2026 'sv/KA'/ CRL.M.C. 3776/2026 Page 6 of 6 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 18/05/2026 at 22:18:50

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Delhi High Court - Orders