Sumit Sharma @ Sumit Kumar Sharma v. State Govt. of NCT of Delhi and Anr

O R D E R %

24.08.2026 The CRL. M.A. 15012/2026 (for amendment of the prayer) in W.P.(CRL) 399/2025

¶1For the reasons stated in the application, the same stands allowed in terms of the prayer made therein.

¶2Accordingly, the prayer clause of W.P.(CRL) 399/2025 be read as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. under: "i. Quash the FIR bearing No. 0185/2019 under section 323/354A IPC registered at PS Bhajanpura and the proceedings arising therefrom as the parties have amicably settled their dispute between them. ii. Pass any such or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

¶3The application stands disposed of. W.P.(CRL) 399/2025 and CRL.M.A. 3608/2025, CRL.M.A. 15012/2026 W.P.(CRL) 515/2025 and CRL.M.A. 4653/2025 W.P.(CRL) 948/2026

¶4The petition i.e. W.P.(CRL) 399/2025 is for the following reliefs: i. Quash the FIR bearing No. 0185/2019 under section 323/354A IPC registered at PS Bhajanpura and the proceedings arising therefrom as the parties have amicably settled their dispute between them. ii. Pass any such or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

¶5The petition i.e. W.P.(CRL) 515/2025 is for the following reliefs: "(a) Quash the FIR bearing no. 0079/2019 under section 377/506 IPC & 6 POCSO Act registered at PS Bhajanpura and the proceedings arising out of the same in any other courts as the parties have amicably settled their dispute between them."

¶6The petition i.e. W.P.(CRL) 948/2026 is for the following reliefs: "(a) Quash the FIR bearing No 0186/2019 under section 323/341/506/34 IPC registered at PS Bhajanpura and the proceedings arising out of the same in any other courts as the parties have amicably settled their dispute between them."

¶7There seems to be three FIRs. Two FIRs have been lodged by the complainant against the petitioner Sumit Sharma @ Sumit Kumar Sharma in W.P.(CRL) 399/2025 and W.P.(CRL) 515/2025, whereas, one FIR has been lodged by Sumit Sharma against the petitioner in W.P.(CRL) 948/2026. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶8The parties are present. They have been identified by the Investigating Officer of the case as well as by the respective counsel.

¶9They submit that they were known to each other and have amicably settled their disputes by way of a settlement deed dated 08.01.2025 filed in W.P.(CRL) 399/2025 & W.P.(CRL) 515/2025 and 24.01.2026 filed in W.P.(CRL) 948/2026, respectively, and which are on record.

¶10Complainants in the respective FIRs do not want any action against the each other in view of the settlement. They have made their statement voluntarily of their own accord without any coercion or pressure.

¶11On behalf of the State there is no opposition in quashing of the FIR in question in view of the settlement arrived at between parties.

¶12Despite certain offences being classified as non-compoundable under the IPC, in exercise of powers conferred under Section 482 of the CrPC (Section 528 BNSS), High Courts have proceeded to quash such proceedings on account of a settlement between the parties. In Gian Singh v. State of Punjab,1 the Court recognized that such an approach serves the ends of justice by bringing the litigation to an end, preventing its needless continuation, and acknowledging that following the compromise, the likelihood of conviction has become remote and bleak.

¶13The conditions and pre-requisits for compounding were elaborated in Narinder Singh v. State of Punjab,2 and the following were deemed necessary before quashing the proceedings on the basis of a settlement/compromise: 1 (2012) 10 SCC 303. 2 (2014) 6 SCC 466. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.1 There should hardly be any likelihood of the offender being convicted, given the compromise that took place between the parties. Particularly, so in disputes that are predominantly civil in nature, for instance those arising from commercial transactions, matrimonial relationships, or family matters, a genuine compromise may render the possibility of conviction remote and bleak;

13.2 By not quashing the criminal proceedings, justice shall be the casualty and ends of justice shall be defeated. Where continuation of proceedings despite settlement is unfair, unjust, or an abuse of process, quashing may be allowed to secure the ends of justice; and

13.3 The timing of the compromise also becomes relevant, quashing may be considered at the investigation or early-trial stage, but is ordinarily declined once evidence is substantially complete or conviction has been recorded.

¶14The aforesaid proposition was refined in Vijay Kumar Kela v. CBI,3 to clarify that, ultimately, it is facts and circumstances of each case that determine the compoundability of proceedings and no straight-jacket formula can be prescribed. It was also noted that before exercising powers under Section 482 of the CrPC (Section 528 BNSS), the Court must have due regard to the nature and gravity of the crime.

¶15However, the Court clarified that compounding on the basis of a purported settlement cannot take place where–first, heinous offences affecting the society at large are in question; and second, a compromise between the parties cannot quash corruption or official duty offences.4 3 2026 SCC OnLine SC 1003. 4 (2012) 10 SCC 303. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶16Specifically, it may also be noted that while the offence of rape is ordinarily non-compoundable.5 However, in cases where marriage has subsequently taken place and the parties are resideing together quashment on the basis of a settlement has been allowed. The principle adopted for such a quashment is that the same is required in the interest of justice and to do complete justice;6 and such an exercise is undertaken where despite the seriousness of the offence, the facts do not disclose such elements of public interest or heinous criminality, as to necessitate the continuation of criminal proceedings.7

¶17Further, where proceedings for the offence of rape along with allegations under the Prevention of Children from Sexual Offences Act, 2012 ("POCSO") are sought to be quashed. Courts have allowed quashment for instance where the parties have married and a child has also been born. The underlying rationale to justify such a quashment is that if the FIR is not quashed, it will adversely affect the minor child who needs protection and care from his parents, and destroy the lives of three individuals, the couple and the new born.8

¶18Weightage is also given to circumstance where no criminal intent is involved in the act and it not a case where there was a forceful physical relationship with the minor child on the date of incident.9 The overarching concern of the Courts have always remained that quashing of such 5 Ibid. 6 Sandeep Singh Thakur v. State of M.P., 2025 SCC OnLine SC 2927, para. 16. 7 Mr. Vishal & Ors v. The State Of Nct of Delhi, CRL.M.C. 2584/2026 & CRL.M.A. 10512/2026. 8 Harmeet Singh v. State of NCT of Delhi, 2026:DHC:3142, Mr. Sujit Kumar v. State (Govt. of NCT of Delhi), CRL.M.C. 7406/2024, CRL.M.A. 28277/2024 & CRL.M.A. 28278/2024. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. proceedings on account of compromise would bring about peace and would secure ends of justice.10

¶19Similarly, the offence of attempt to murder is ordinarily non-compoundable. The Supreme Court11 has cautioned that the High Court should not reject the plea of compounding the offence mechanically and must take note that the mere mention of Section 307 IPC in the FIR or framing of the charge is not conclusive. It remains open to the Court to consider if the said provision has been added for the sake of it or there is "sufficient evidence" to frame charge under this provision. Considering the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc., in certain circumstances, quashing of even such a offence, is permissible. However, such an exercise by the HC would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial.

¶20Further, dacoity and robbery are ordinarily non-compoundable. However, the Court while taking into consideration the facts of the case, the compromise arrived at between the parties, and considering the affidavits by each one of the petitioners by way of joint application, may in appropriate cases, exercise its inherent jurisdiction to quash the criminal proceedings arising from such offences12 and may also reduced the sentence imposed while maintaining the conviction.13 9 Moeed Ahamad v. State (NCT of Delhi), 2024 SCC OnLine Del 8119, para 16 10 Ibid., para 17. 11 State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688, para 15.4. 12 Aftab Khan v. State (NCT of Delhi) & Anr., Crl.M.C. 4814/2015 13 Unnikrishnan v. State of Kerala, (2018) 15 SCC 343. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶21For the offence of cheating and forgery where the dispute is predominantly civil, investigation is pending for a long time, and where the complainant, including a bank, has been satisfied that the claims have been satisfied due to compromise on receiving payments, the Court has also considered the settlement while exercising its jurisdiction to bring the criminal proceedings to an end.14 Notably, in such cases, the factum of the possibility of conviction being remote and bleak owing to the settlement, also becomes a material factor, while considering the question of quashment.

¶22In view of the aforesaid and bearing in mind the nature of the dispute, the settlement between the parties and the principles laid down by the Supreme Court in the aforesaid decisions, the FIR No. 0185/2019 under section 323/354A IPC; FIR bearing no. 0079/2019 under section 377/506 IPC & 6 POCSO Act; FIR bearing No 0186/2019 under section 323/341/506/34 of the IPC all registered at Police Station Bhajanpura, and all consequential proceedings emanating therefrom against the respective party are thus quashed.

¶23The petition stands disposed of. Pending applications also stands disposed of. PURUSHAINDRA KUMAR KAURAV, J AUGUST 24, 2026 aks 14 CBI v. Duncans Agro Industries Ltd., (1996) 5 SCC 591 and Nikhil Merchant v. CBI,

(2008) 9 SCC 677. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010046762025 + W.P.(CRL) 399/2025 and CRL.M.A. 3608/2025, CRL.M.A. 15012/2026 SUMIT SHARMA @ SUMIT KUMAR SHARMA .....Petitioner Through: Mr. Vinay Kumar Sharma, Mr. Aditya, Advocates along with petitioner. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates for State. Mr. Vaibhav and Ms. Navya Sharma, Advocate for R-2 along with R-2 in person. # CNR No. DLHC010064552025 + W.P.(CRL) 515/2025 and CRL.M.A. 4653/2025 SUMIT SHARMA @ SUMIT KUMAR SHARMA .....Petitioner Through: Mr. Vinay Kumar Sharma, Mr. Aditya, Advocates along with petitioner. versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Through: Mr. Anand V. Khatri, ASC for State. Mr. Vaibhav and Ms. Navya Sharma, Advocate for R-2 along with R-2 in person. # CNR No. DLHC010113092026 + W.P.(CRL) 948/2026 NEHA .....Petitioner Through: Mr. Vaibhav and Ms. Navya Sharma, Advocates along with petitioner. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma, Ms. Sonia Malhotra and Ms. Pavitra Dixit, Advocates for State. Mr. Vinay Kumar Sharma, Mr. Aditya, Advocates for R-2 along with R-2. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV