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2026 DAILYLAW 12905 (DEL)

ANITA OJHA & ORS. v. STATE GOVT NCT OF DELHI THROUGH SHO & ANR.

W.P.(CRL)/2138/2026 · 2026-07-22

Saurabh Banerjee

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2138/2026, CRL.M.A. 21368/2026 ANITA OJHA & ORS. .....Petitioners Through: Mr. Manish Gupta and Mr .Saurabh Batia, Advs. versus STATE GOVT NCT OF DELHI THROUGH SHO & ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC Mr. Arvind Sharma, Ms. Divyani Patidar and Mr. Manish Panwar, Advs. for complainant CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 22.07.2026 1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.120/2026 dated 15.02.2026 registered at PS.: Vasant Kunj South under Sections 303(2)/115(2)/126(2)/324(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom as the petitioners and respondent no.2 have mutually settled all their disputes vide Settlement Agreement dated 20.05.2026. 2. Issue notice. 3. Learned ASC for the State accepts notice and submits that he has no 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 24/07/2026 at 12:43:02 objection to the quashing of the aforesaid FIR. 4. Learned counsel for the respondent no.2 also accepts notice and submits that the respondent no.2 has no objection if the present petition is allowed. 5. This Court has further had the occasion of interacting with the petitioners as well as the respondent no.2, who all are present in Court. They affirm the terms of the aforesaid Settlement Agreement dated 20.05.2026, wherein it is recorded that the parties have resolved all disputes inter se them and are willing to live peacefully and have agreed to put a quietus to their disputes. As such, respondent no.2 hence submits that she does not wish to continue the aforesaid FIR against the petitioners. 6. The petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been duly identified by the IO. 7. As noted above, a settlement based on mutual terms between the petitioners and the respondent no.2 is the basis of filing the present petition, which is accompanied by their respective affidavit(s) qua the said effect. In view thereof, the present is a fit case for quashing the aforesaid FIR. Accordingly, as also 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, and also since there is nothing left to corroborate and prove the case of the prosecution, continuation of the present FIR will be an exercise in futility. 8. Accordingly, the present petition is allowed and FIR No.120/2026 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 24/07/2026 at 12:43:02 dated 15.02.2026 registered at PS.: Vasant Kunj South under Sections 303(2)/115(2)/126(2)/324(2)/351(2)/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed. 9. At this stage, as a gesture of good will, the parties have agreed to provide pro bono services at MCD Primary Boys School, Mahipalpur, New Delhi-110037 where they will distribute eateries to the children therein within a period of one week. 10. This Court appreciates the gesture shown by the parties. 11. As such, the present petition, alongwith pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J JULY 22, 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 24/07/2026 at 12:43:02