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1969 DAILYLAW 227 (DEL)

GAURAV SEJWAL & ANR. v. THE STATE (GOVT. OF NCT OF DELHI) & ANR.

CRL.M.C./1969/2026 · 2026-03-18

Saurabh Banerjee

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Judgment text

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$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1969/2026 & CRL.M.A. 8086/2026, CRL.M.A. 8092/2026 GAURAV SEJWAL & ANR. .....Petitioners Through: Mr. Akshay Chowdhar, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Ms. Upasna Bakshi, Adv. Mr. Shubham Bahl, Ms. Tanya Rose, Mr. Nikhil Pawar and Ms. Kritika Matya, Advs. ASI- Naveen Kumar, PS: Saket. R-2 in Person. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 18.03.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.43/2025 dated 13.01.2025 registered under Sections 110 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) at PS: Saket, Delhi in view of the Settlement Agreement dated 11.03.2026 [Annexure P-3] arrived at between the petitioner and the respondent no.2, which is accompanied by their respective proofs of identities along with the affidavit(s) of the parties qua the aforesaid effect. 2. Issue Notice. Learned APP for the State accepts notice and objects to the quashing of the aforesaid FIR. 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 20/03/2026 at 12:59:16 3. Respondent no.2, present in Court, also accepts notice and affirms the terms of the Settlement Agreement dated 11.03.2026 and today the total settlement amount of Rs.60,000/- has been paid by the petitioners to the respondent no.2 via UPI REF ID [120203760865] as also that he has voluntarily settled all his disputes with the petitioners, and that he does not wish to pursue the criminal proceedings against the petitioners and has no objection if the present FIR is quashed. 4. The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been duly identified by the Investigating Officer. 5. Upon an overall consideration of the existing facts and circumstances, even though this Court is mindful that the present FIR has been registered under Section(s) 110 and 3(5) of the BNS, however, in view of the aforesaid this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS since a settlement has already been arrived voluntarily between the parties, and as they shall remain bound by all the terms and conditions thereof, as also since the present petition is accompanied by the affidavit(s) of the parties qua the aforesaid effect. 6. As such, following the law laid down by the Hon’ble Supreme Court in 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. Thus, the present petition is allowed and the FIR No.43/2025 dated 13.01.2025 registered under Sections 110 and 3(5) of BNS at PS.: Saket, 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 20/03/2026 at 12:59:16 Delhi as also all other proceedings emanating therefrom are hereby quashed. 8. As such, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J MARCH 18, 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 20/03/2026 at 12:59:16