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1944 DAILYLAW 2 (DEL)

SH TUSHAR SANGWAN AND ORS v. THE STATE OF NCT OF DELHI AND ANR

CRL.M.C./1944/2026 · 2026-04-01

Saurabh Banerjee

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Judgment text

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$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1944/2026 SH TUSHAR SANGWAN AND ORS ...Petitioners Through: Mr. Varun Katiyar and Mr. Kushal Sinha, Advs. versus THE STATE OF NCT OF DELHI AND ANR ...Respondents Through: Mr. Satish Kumar, APP for the State with Ms. Upasana Bakshi and Ms. Divya Bakshi, Advs. Mr. Anuj Kapoor, Adv. for R-2 SI- Kiran, PS: New Usmanpur CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 01.04.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.585/2025 dated 28.08.2025 registered at PS: New Usmanpur under Section 376 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom since the petitioner no.1 and respondent no.2 have since resolved all their disputes and gotten married to each other out of their own free will and love and affection on 19.12.2025 under Section 13 of the Special Marriage Act, 1954. The present petition is also accompanied by the Marriage Certificate thereto, as well as the respective affidavits and proofs of identity of the parties. 2. Issue notice. 3. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4. Respondent no.2, present in Court, also accepts notice and affirms This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 10:34:51 that she has no objection to the quashing of the aforesaid FIR as she has since gotten married to the petitioner no.1 and is now residing with him amicably in matrimonial harmony. 5. The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 6. Though this Court is cognisant that the aforesaid FIR is serious in nature with grave allegations, however, since the petitioner no.1 and the respondent no.2 have voluntarily entered into a marital bond, which is also supported by valid documentation, and are now living together amicably since then. Thus, following the law laid down by the Hon’ble Supreme Court in Jitendra Raghuvanshi & Ors. vs. Babita Raguvanshi & Anr. (2013) 4 SCC 58, Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioners will be an exercise in futility. 7. Resultantly, the present petition is allowed and FIR No.585/2025 dated 28.08.2025 registered at PS: New Usmanpur under Section 376 IPC and all proceedings emanating therefrom are hereby quashed. 8. Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J. APRIL 01, 2026/Ab This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 10:34:51