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2026 DAILYLAW 17570 (DEL)

VIKAS TIWARI & ORS. v. STATE OF NCT OF DELHI & ANR.

CRL.M.C./5730/2026 · 2026-09-07

Saurabh Banerjee

body2026

Judgment text

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$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010361452026 + CRL.M.C. 5730/2026 VIKAS TIWARI & ORS. .....Petitioners Through: Mr. Aditya Jain, Mr. Sagar Gulati, Mr. Ayush Rabotra and Ms. Kriti Kumari, Advs. with petitioner in person versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP for State with Ms. Upasana Bakshi and Ms. Divya Bakshi, Advocates with SI Ritu, PS.: Mohan Garden R2 present in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 07.09.2026 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.331/2025 dated 17.12.2025 registered at PS.: Mohan Garden under Sections 79/351(2)/3(5)/69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) read with Section 375 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of Settlement dated 30.05.2026 (Annexure D), whereby the petitioners and the respondent no.2 have mutually resolved their disputes. 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 09/09/2026 at 11:31:17 2. Issue notice. 3. Learned APP accepts notice and although objects to the quashing of the present FIR, however, he submits that the present petition may be decided in accordance with law. 4. Learned counsel for respondent no.2 also accepts notice and submits that 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, and as such, the parties have agreed to put a quietus to their disputes. Respondent no.2 hence submits that she does not wish to continue with the aforesaid FIR against the petitioners since she wishes to lead her life peacefully. 6. 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. 7. Upon an overall consideration of the existing facts and circumstances, even though this Court is mindful that the present FIR has been registered under Sections 79/351(2)/3(5)/69 of the BNS read with Section 375 of the IPC, however, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS, particularly, since the respondent no.2 wishes to end the dispute with the petitioners herein so that she can proceed with her life ahead in search of better prospects as also as 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 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 09/09/2026 at 11:31:17 the said effect. 8. Accordingly, in view of the foregoing and 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. 9. Therefore, the present petition is allowed and FIR No.331/2025 dated 17.12.2025 registered at PS.: Mohan Garden under Sections 79/351(2)/3(5)/69 of the BNS read with Section 375 of the IPC as also all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J. SEPTEMBER 07, 2026/bh 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 09/09/2026 at 11:31:17