VIKAS AND ORS v. THE STATE GOVT OF NCT DELHI AND ANR
CRL.M.C./4527/2026 · 2026-07-03
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11159 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11159 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4527/2026, CRL.M.A. 18751/2026
VIKAS AND ORS. .....Petitioners Through: Mr. Pawan Kr. and Mr. Surender Kr., Advs. with petitioners in person
versus
THE STATE GOVT OF NCT DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP with Mr. Adiya Vikram Singh, Adv. with SI Nikhil Kumar, PS: Ambedkar Nagar. R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
03.07.2026
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.533/2023 dated 16.10.2023 registered at PS.: Ambedkar Nagar, Delhi under Sections 498A/406/506/377/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, since the petitioner no.1 and the respondent no.2 have settled all their disputes and differences as also considering the parties are now residing together and in view of the Memorandum of Understanding dated 29.04.2026 (MoU) arrived between the petitioners and the respondent no.2, which is accompanied by their respective proofs of identity. 2. Issue notice. Learned APP accepts notice, and submits, that he has no objection 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 07/07/2026 at 11:17:47
3. Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid MoU, and as such, she has no objection to the quashing of the aforesaid FIR. 4. The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been 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 377 of the IPC, however, since the petitioner no.1 and respondent no.2 are presently living their respective lives peacefully together this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of BNSS.
Moreover, they have also voluntarily arrived at a settlement, and the present petition is also supported by their respective affidavit(s) to the said effect, and they shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, the quashing of the present FIR shall be in the interest of the petitioners and respondent no.2. 6. Therefore, 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. As such, the present petition is thus allowed and FIR No.533/2023 dated 16.10.2023 registered at PS.: Ambedkar Nagar, Delhi under Sections 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 07/07/2026 at 11:17:47
498A/406/506/377/34 of the 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 JULY 3, 2026/So
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 07/07/2026 at 11:17:47