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Delhi High Court
Pushpender Gautam vs State Nct Of Delhi And Anr on 5 February, 2026
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 05th February, 2026
+ CRL.M.C. 972/2026 & CRL.M.A. 3853/2026
PUSHPENDER GAUTAM .....Petitioner
Through: Mr. Deepak Godara with Mr. Ankit
Chauhan, Advocates with petitioner in
person.
versus
STATE NCT OF DELHI AND ANR .....Respondents
Through: Mr. Raj Kumar, APP for the State with
SI Ramdhan, ASI Rameshwar,
Mr. Parth Shah, Advocate for
respondent No.2 with respondent No.2
in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Petitioner seeks quashing of FIR No. 591/2023 dated 30.09.2023 for
commission of offences under Sections 279/337 of IPC, registered at P.S.
Vikas Puri, along with all consequential proceedings arising therefrom, on the
basis of compromise arrived at between the parties.
2. Initially, FIR was registered for commission of offence under Sections
279/337 IPC. However, once the nature of injuries was found to be grievous
in nature, Section 338 of IPC, in place of Section 337 of IPC, was substituted.
3. Charges have already been ascertained and the case is fixed for
cross-examination of the injured.
4. Fortunately, when the matter was sent to Mediation Centre, Dwarka
Courts, New Delhi, parties entered into compromise and as per the terms of
settlement, the injured has agreed to compound the matter against full and
final compensation amount of Rs.60,000/-.
5. Respondent No.2, who is solitary injured of the accident in question, is
present in Court. He submits that he was driving a scooty when he was hit by
a car driven by the petitioner herein. He reiterates the terms of settlement
and has no objection if the present FIR is quashed. He also submits that he has
already received the compensation amount of Rs.60,000/-. Though the
offence under Section 338 of IPC is compoundable in nature, Section 279 of
IPC is non-compoundable.
6. Petitioner is also present in Court.
7. Respondent No.2 is represented by his counsel. The Investigating
Officer (I.O.) is present and identifies respondent No.2.
8. In view of the settlement arrived at between the parties, continuing with
criminal proceedings would serve no useful purpose, especially, when dispute
does not involve any public interest and is, primarily, private in nature. In any
case, even the complainant does not wish to press any charges against the
petitioners.
9. Accordingly, exercising inherent powers vested in this Court under
Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.
10. Consequently, to secure the ends of justice, FIR No. 591/2023 dated
30.09.2023 for commission of offences under Sections 279/338 of IPC,
registered at P.S. Vikas Puri along with all consequential proceedings
emanating therefrom, is hereby, quashed.
11. The petition stands disposed of in aforesaid terms.
12. Pending application also stands disposed of.
(MANOJ JAIN)
JUDGE
FEBRUARY 05, 2026/st/js
