Court emphasizes public safety and rejects private settlement in serious criminal allegations
In a significant ruling, the Delhi High Court has dismissed a petition seeking the quashing of an FIR registered under serious criminal provisions, including the Arms Act, based on a private settlement between the accused and the complainant. The judgment was delivered by Justice Girish Kathpalia on May 8, 2026.
The case, titled Indrapal Singh v. State, involved FIR No. 555/2022 lodged at Police Station Sunlight Colony. The FIR detailed an incident that occurred on December 11, 2022, where the petitioner, Indrapal Singh, allegedly threatened the complainant, Gaurav Sharma, with a revolver and fired shots in the air at a public location. The dispute was reportedly linked to an ongoing property disagreement between the petitioner and the complainant's father.
Despite a settlement deed dated June 4, 2025, between the petitioner and the respondent, the petition to quash the FIR was opposed by the State's counsel, citing the seriousness of the offenses under the Arms Act. The court concurred with the State's position, emphasizing that such offenses are not merely private wrongs but have broader implications on public order and safety.
Justice Kathpalia underscored the gravity of firing a weapon in a public area, stating that these actions represent serious offenses that cannot be mitigated through private agreements. The judgment cautioned against setting a precedent that might encourage lawlessness, particularly by individuals wielding firearms, if FIRs were to be quashed under such circumstances.
The court dismissed the petition as frivolous, levying a cost of Rs. 25,000/- on the petitioner to be deposited with the Delhi High Court Legal Services Committee (DHCLSC) within one week. Further, the Investigating Officer (IO), ASI Devender Kumar, was directed to ensure compliance with the payment order and report back within two weeks.
The ruling reiterates the judiciary's stance on prioritizing public safety and upholding the law, particularly in cases involving firearms and threats to life. This decision serves as a reminder of the inherent limitations of private settlements in matters involving serious criminal allegations, highlighting the judiciary’s role in safeguarding public interest.
Bottom line:-
FIR under serious offences such as Arms Act cannot be quashed merely on the basis of a settlement between the accused and the complainant, as such offences are not private wrongs but affect public order and safety.
Statutory provision(s): Section 482 of the Criminal Procedure Code, 1973, Sections 336/506 of the Indian Penal Code, Sections 25/27/54/59 of the Arms Act.
Indrapal Singh v. State, (Delhi) : Law Finder Doc id # 2895415
