Synopsis

The petitioner sought quashing of an FIR under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023 (rape) on the basis of a settlement with the complainant. The complainant and the petitioner had been in a consensual relationship for six years. The complainant alleged that the petitioner had promised to marry her but later backed out. After the relationship ended, the parties settled their dispute amicably. The complainant appeared in court and stated that the relationship was voluntary and that she had no objection to quashing the FIR. The Delhi High Court, relying on Narinder Singh v. State of Punjab and Madhukar v. State of Maharashtra, held that even non‑compoundable offences can be quashed on the basis of settlement if continuing the proceedings would serve no meaningful purpose and the chances of conviction are remote. The FIR was quashed subject to the petitioner depositing costs of Rs. 25,000/-.

Court: High Court of Delhi at New Delhi

Coram: Justice Manoj Jain

Date of Judgment: 15th April 2026

Citation: CRL.M.C. 2799/2026

Core Law: Bharatiya Nyaya Sanhita, 2023 – Section 69 (rape); Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 (inherent powers of High Court); Code of Criminal Procedure, 1973 – Section 482

2. Legal Framework

Major laws and provisions involved

• Bharatiya Nyaya Sanhita, 2023 – Section 69 (rape)

• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528 (saving of inherent powers of High Court – corresponds to Section 482 Cr.P.C.)

• Code of Criminal Procedure, 1973 – Section 482 (inherent powers to quash proceedings)

Key legal principles applied

• Inherent power to quash non‑compoundable offences: Under Section 482 Cr.P.C. / Section 528 BNSS, the High Court can quash criminal proceedings even for non‑compoundable offences if the parties have settled the dispute, provided the court is satisfied that continuing the proceedings would serve no meaningful purpose and the chances of conviction are remote.

• Sexual offences based on promise to marry may be quashed on settlement in appropriate cases: Where the relationship was consensual, long‑standing, and the complainant voluntarily settles the matter without any pressure, the court may exercise its inherent jurisdiction to quash the FIR, especially when the dispute is essentially personal in nature.

• Costs may be imposed

... Upgrade to a Premium Plan to view the full judgment.