MANISH KADIYA AND ANR v. THE STATE (GOVT OF NCT OF DELHI) AND ANR
W.P.(CRL)/2312/2026 · 2026-08-04
Madhu Jain
Writ Petition (Criminal)body2026
DailyLaw.ai
[ 2026 DAILYLAW 14488 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14488 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010352112026 + W.P.(CRL) 2312/2026 & CRL.M.A. 23408/2026 MANISH KADIYA AND ANR .....Petitioners Through: Mr. Akshay Sharma, Adv. with petitioners in person versus THE STATE (GOVT OF NCT OF DELHI) AND ANR .....Respondents Through: Mr. Sanjay Lao, Senior Adv. along with Mr. Manoj Pant, APP, Mr. Abhinav Kumar, Mr. Priyam Agrawal, Mr. Aryan Sachdeva, Advs. SI Deepak, SI Dhananjay Dubey, PS Sunlight Colony Mr. Pushpender Sharma, Adv. for R2 with R2 in person CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 04.08.2026
1. This hearing has been done through hybrid mode. 2. By the way of the present writ petition filed under Article 226 of the constitution of india read with Section 528 of the Bharatiya Nagrik Suraksha Sanhita (hereinafter referred to as the ‘BNSS’) the petitioner is seeking quashing of FIR No. 52/2026, registered at Police Station Sunlight Colony, District South-East, Delhi, for the offences punishable under Sections 318(3) & 3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), and all consequential proceedings emanating therefrom on the basis of the 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 06/08/2026 at 13:17:34
settlement arrived at between the parties. 3. Issue notice. The learned APP for the state accepts notice on behalf of the State. 4. The petitioners and respondent no. 2 are present before this Court and have been identified by their counsel and Investigating Officer (IO). 5. Briefly stated, the subject FIR was registered on the complaint of respondent no. 2, who alleged that, after placing an order for a dress through an Instagram page, she was induced to make payments towards confirmation, delivery and security charges and was thereby cheated. Consequently, FIR No. 52/2026 dated 05.02.2026 was registered under Sections 318 and 3(5) of the BNS at Police Station Sunlight Colony, District South-East, Delhi. The investigation is stated to be pending and no charge-sheet has yet been filed. During the pendency of the investigation, the parties amicably resolved their disputes. The petitioners paid a sum of Rs. 34,029/- to respondent no. 2 through UPI on 19.02.2026 towards full and final settlement of her claims.
The terms of the settlement were reduced into writing by way of a Memorandum of Understanding dated 31.07.2026. Respondent no. 2 has acknowledged receipt of the entire settlement amount and has stated that she has no surviving grievance against the petitioners and does not wish to pursue the criminal proceedings. The present petition has accordingly been filed seeking quashing of the aforesaid FIR and the proceedings emanating therefrom. 6. On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into the concerned compromise, vide Settlement Agreement / Memorandum of Understanding dated 31.07.2026, out of her own free will and without any 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 06/08/2026 at 13:17:34
pressure, coercion or threat. Therefore, she has no objection if the present FIR is quashed. 7. In view of the aforesaid and considering that the parties have amicably resolved their disputes out of their own free will and without any force or coercion, this Court is of the considered view that no useful purpose would be served by continuing the criminal proceedings. On the contrary, continuation thereof would only result in further acrimony between the parties. Accordingly, in the interest of justice, the subject FIR and all proceedings emanating therefrom deserve to be quashed. This Court finds no legal impediment to granting the relief sought in the present petition. 8. Accordingly, FIR No. 52/2026, registered at Police Station Sunlight Colony, District South East, Delhi, for the offences punishable under Sections 318(3) & 3(5) of BNS along with all consequential proceedings emanating therefrom, is hereby quashed. 9. The present petition is disposed of. 10. Pending application(s), if any, also stand(s) disposed of. 11. The order be uploaded on the website forthwith.
MADHU JAIN, J AUGUST 4, 2026/ys/PG 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 06/08/2026 at 13:17:34