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2026 DAILYLAW 13604 (DEL)

ZAKIR ALI KHAN v. THE STATE (GOVT. OF NCT OF DELHI) & ANR

CRL.M.C./4660/2026 · 2026-07-28

Saurabh Banerjee

body2026

Judgment text

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$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4660/2026, CRL.M.A. 19442/2026 ZAKIR ALI KHAN .....Petitioner Through: Mr. Yogendra Kumar Verma, Mr. Jayesh Kain and Mr. Prashant K. Sharma, Advs. with petitioner in person versus THE STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Raghuinder Verma, APP with ASI Sukhmi, PS: YBM Mr. Arun Kumar, Mr. Vindu Puri, Ms. Arsija, Advocates for R-2 to 6 with R-2 to 6 in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 28.07.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of FIR No.35/2024 dated 23.11.2024 registered at PS.: Yamuna Bank Metro, Delhi under Sections 289/106 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom as the petitioner and respondent nos.2 to 6 have mutually settled all their disputes vide Settlement Agreement dated 26.07.2026. 2. 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 14:33:15 3. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4. Learned counsel for the respondent nos.2 to 6 also accepts notice and submits that the respondent nos.2 to 6 have no objection if the present petition is allowed. 5. This Court has further had the occasion of interacting with the petitioner as well as the respondent nos.2 to 6, who all are present in Court. They affirm the terms of the aforesaid Settlement Agreement dated 26.07.2026, whereby the petitioner has agreed to pay the respondent nos.2 to 6 a total sum of Rs.4,50,000/-, for which the petitioner has handed over six Demand Drafts being DD Nos.540679-540683 and 540590 drawn on ICICI Bank, each for an amount of Rs.75,000/- as full and final settlement of all their present, past and future claims and as such, the parties have agreed to put a quietus to their disputes. Respondent nos.2 to 6 hence submit that they do not wish to continue with the aforesaid FIR against the petitioner. 6. The petitioner and the respondent nos.2 to 6, 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 petitioner and the respondent nos.2 to 6 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.: 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 14:33:15 (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.35/2024 dated 23.11.2024 registered at PS.: Yamuna Bank Metro, Delhi under Sections 289/106 of the BNS and all proceedings emanating therefrom are hereby quashed. 9. As such, the present petition alongwith pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J JULY 28, 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 30/07/2026 at 14:33:15