Judicial Exercise of Inherent Powers to Quash Criminal Proceedings on Settlement.


04-September-2025 Writ Petition >> Criminal Law  

This petition of Manish Titu Bidhuri Vs State NCT of Delhi & Another was filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking quashing of FIR No. 177/2025 registered at Okhla Industrial Area, Delhi, under Section 281 BNS (equivalent to Section 279 IPC) for allegedly driving under influence and causing damage to a vehicle.

Facts disclose that respondent and petitioner are neighbors. The incident happened on 26 January 2025 at about 4 AM, when the petitioner drove a Hyundai Verna under influence of liquor and crashed into respondent's parked Maruti Suzuki Breeza. FIR was filed by respondent under Section 281 BNS.

Before proceedings, parties settled amicably by signing a Memorandum of Understanding on 24 April 2025 and the petitioner depositing Rs. 70,000 as damages. The two parties personally appeared before the Court and assured that the settlement was free from coercion.
 
 

Respondent agreed to quash the FIR, and Additional Public Prosecutor did not have any objection. The Court invoked judicial precedents of Supreme Court decisions such as Gian Singh vs State of Punjab, which recognize the propriety of quashing criminal proceedings on resolution of private disputes if it would be unjust or oppressive and abuse the process of law.

The Court exercised inherent powers under Section 482 CrPC (operating through Section 528 BNSS) to serve ends of justice and avoid abuse of process, adjudging that even where offences are non-compoundable, friendly settlement between parties and lack of coercion are reasons enough for quashing proceedings.

Consequently, the petition was granted, FIR No. 177/2025 and all follow-up proceedings were set aside on condition of the petitioner depositing a cost of Rs. 10,000 with Delhi High Court Advocates Welfare Trust within one month.

This ruling reflects the courts' willingness to facilitate amicable resolution of criminal cases involving private parties, balancing enforcement of law with fair justice and procedural fairness.


Section 528, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023