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2025 DAILYLAW 6352 (DEL)

RAKESH MUNJAL & ORS. v. THE STATE GOVT OF NCT OF DELHI & ORS.

CRL.M.C./2715/2025 · 2026-09-01

Madhu Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010225762025 + CRL.M.C. 2715/2025 RAKESH MUNJAL & ORS. .....Petitioners Through: Ms. Seema Tiwari, Adv. through VC and petitioners in person. versus THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Manoj Pant, APP SI Vikram, PS Timarpur. Mr. Tanuj, Adv. for R-2 along with R-2. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 01.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 12179/2025 (for exemption) 2. Allowed, subject to all just exceptions. Accordingly, the application stands disposed of. CRL.M.A. 12180/2025 (for condonation of delay) 3. This is an application filed by the Petitioners seeking condonation of delay of 71 days in re-filing the present petition. 4. For the reasons stated in the said application, the delay of 71 days in re- filing the present petition is condoned. 5. The application is allowed and disposed of accordingly. CRL.M.C. 2715/2025 6. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the Petitioners seek quashing of FIR No. 266/2018 registered at Police Station 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 05/09/2026 at 10:01:40 Timarpur, Delhi, under Sections 498A, 406 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’). During the course of investigation, Section 509 IPC and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) were also added in the chargesheet. The Petitioners accordingly seek quashing of the aforesaid FIR and all consequential proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties. 7. Issue Notice. Learned APP for the State accepts notice on behalf of the State. 8. The Petitioners and Respondent No. 2 are present before this Court and have been identified by the Investigating Officer (IO) concerned. 9. Respondent No. 2/complainant, who is the mother of Respondent No. 3/victim, submits that she has amicably settled the matter with the Petitioners. She further submits that Respondent No. 3/victim has already stated that she had never objected to the conduct of Petitioner No. 1 in any manner. 10. Briefly stated, the marriage between Petitioner No. 1 and Respondent No. 2 was solemnized on 21.10.2004 in accordance with Hindu rites and ceremonies. Owing to matrimonial discord and temperamental differences, the parties started residing separately with effect from July 2018. Thereafter, Respondent No. 2 lodged the present FIR against the Petitioners. During the pendency of the proceedings, the parties amicably resolved their matrimonial disputes before the Counselling Cell, Family Court, Central District, Tis Hazari Courts, Delhi, and entered into a Settlement dated 06.03.2024. 11. On a query made by this Court, Respondent No. 2, who has been duly identified by the IO, categorically states that she has entered into the settlement out of her own free will, without any force, coercion or undue 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 05/09/2026 at 10:01:40 influence. She further states that she has no surviving claim against the Petitioners and has no objection if the present FIR and all proceedings emanating therefrom are quashed. 12. In view of the fact that Petitioner No.1 and Respondent No. 2 have amicably resolved their matrimonial disputes, Respondent No. 2 has no objection to the quashing of the FIR and having regard to the submissions made before this Court in respect of the statement of Respondent No. 3/victim before the learned Trial Court, no useful purpose would be served in continuing the criminal proceedings. Rather, continuation thereof would only perpetuate unnecessary litigation between the parties. Accordingly, in the peculiar facts and circumstances of the present case, this Court considers it appropriate to quash the proceedings. 13. Accordingly, FIR No. 266/2018 registered at Police Station Timarpur, Delhi, under Sections 498A, 406 and 34 IPC, and all consequential proceedings arising therefrom, including the proceedings for the offences under Section 509 IPC and Section 12 of the POCSO Act added in the chargesheet, are hereby quashed. 14. The present petition, along with pending application(s), if any, stands disposed of. 15. A copy of the order be communicated to the concerned learned Trial Court for necessary action and compliance. 16. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 1, 2026/JYH/m 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 05/09/2026 at 10:01:40