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2026 DAILYLAW 13460 (DEL)

NEERAJ KUMAR KAUSHIK AND ANR v. STATE (N.C.T. OF DELHI) AND ANR

W.P.(CRL)/1109/2026 · 2026-07-22

Madhu Jain

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1109/2026 & CRL.M.A. 10467/2026 NEERAJ KUMAR KAUSHIK AND ANR .....Petitioner Through: Mr. Vinay Kumar Sharma, Adv. versus STATE (N.C.T. OF DELHI) AND ANR .....Respondent Through: Mr. Rahul Tyagi, ASC CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 22.07.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 10466/2026 (exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 1109/2026 & CRL.M.A. 10467/2026 3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), seeking quashing of FIR No. 0147/2022, registered at Police Station Jaffarpur Kalan, Delhi, for the offences punishable under Sections 323/354/354A/509/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’) and Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’), along with all consequential proceedings emanating therefrom, on the basis of a settlement arrived at between the parties. 4. Issue notice. 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 30/07/2026 at 15:46:23 5. The learned APP accepts notice on behalf of the State. 6. Learned APP for the State opposes the prayer for quashing of the FIR and submits that the allegations levelled in the FIR are serious in nature. He further submits that the present case arises out of cross-FIRs and, therefore, ought not to be quashed. 7. All the petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and the Investigating Officer (IO) concerned. 8. Both the parties are not only neighbours but also family relatives. On the query made by this Court, respondent no. 2, who has been identified by the IO, has categorically stated that he has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated that the misunderstanding between the complainant and the accused had resulted into the present complaint and the FIR registered pursuant to the same. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding (‘MoU’) dated 06.11.2025 entered into between them. 9. On a query put by this Court, respondent No. 2, who has been duly identified by the IO, categorically states that he has entered into the settlement out of his own free will, without any force, coercion or undue influence, and has no objection if the present FIR and all proceedings emanating therefrom are quashed. 10. In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash 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 30/07/2026 at 15:46:23 the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11. Accordingly, FIR No. 0147/2022, registered at Police Station Jaffarpur Kalan, Delhi, for the offences punishable under Sections 323/354/354A/509/506/34 IPC and Sections 8/12 of the POCSO Act, along with all consequential proceedings emanating therefrom, is hereby quashed. 12. The petition stands disposed of. Pending application (s), if any, also stand disposed of. 13. The order be uploaded on the website forthwith. MADHU JAIN, J JULY 22, 2026/prg/P 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 30/07/2026 at 15:46:23