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Vishal & Ors. vs. State NCT of Delhi & Anr.

Criminal Miscellaneous Case · CNR No. DLHC010301052026Decided 23 Sept 2026New Delhi Bench
CRL.M.C. 4852/2026CNR: DLHC010301052026
Justice Sachin Datta

Background

Seven students of Kirori Mal College were named as accused in an FIR alleging they attacked and injured a student of Satyawati College, resulting in an FIR under provisions of the Bharatiya Nyaya Sanhita relating to assault/hurt-causing offences. Following intervention by family members and well-wishers, the parties executed a written Memorandum of Understanding settling the dispute, and jointly approached the High Court to have the FIR quashed.

Decision Breakdown

Relying on the Supreme Court's guiding principles in Gian Singh v. State of Punjab, the Court reasoned that certain offences, particularly those that are "predominantly civil in flavour" or arise from personal disputes rather than crimes seriously endangering society (such as murder, rape or corruption), can be quashed by the High Court using its inherent powers once a genuine settlement is reached, since continuing the prosecution in such cases would serve no real purpose. Finding the settlement genuine and the offence not of a grave, non-compoundable nature warranting trial regardless of settlement, the Court accepted the joint plea and quashed the FIR and all related proceedings.

Lesson Learnt

For relatively minor, personal disputes between individuals (as opposed to serious crimes with a broader public-safety dimension), a genuine and voluntary settlement between the complainant and the accused can lead a High Court to quash the FIR entirely, even though the underlying offence is not formally "compoundable" under the ordinary rules.

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