AJAY SINGH @ PANKAJ v. THE STATE OF NCT OF DELHI AND ANR
CRL.M.C./6766/2026 · 2026-09-14
Saurabh Banerjee
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 18097 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18097 (DEL) · dailylaw.ai ]
Judgment text
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$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010432162026 + CRL.M.C. 6766/2026, CRL.M.A. 28284/2026-Exp
AJAY SINGH @ PANKAJ
.....Petitioner Through: Mr. Moin Alam and Ms. Nada B., Advs. alongwith petitioner in person
versus
THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP with Mr. Ashish Priya, Ms. Urmia Jaluja and Mr. Yudhvir Singh Chauhan, Advs.
SI Sakshi Punia, PS Maidan Garhi
Mr. Harinder Chauhan, Adv. for R- 2 alongwith R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
14.09.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks quashing of FIR No.231/2021 dated 09.09.2021 registered under Sections 376/313 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) at PS.: Maidangarhi, South District, New Delhi in view of the Settlement Deed dated 01.04.2026 arrived at inter se the petitioner and respondent no.2.
2. Issue notice.
3. Learned APP accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 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 16/09/2026 at 11:38:45
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 petitioner as well as the respondent no.2, who are both present in Court. They affirm the terms of the aforesaid Settlement Deed dated 01.04.2026 wherein it is recorded that the petitioner and respondent no.2 have since solemnized their marriage on 13.11.2025 and are now happily living together as husband and wife. 6. The petitioner 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 Sections 376/313 of IPC and Section 6 of POCSO Act, 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 petitioner and respondent no.2, pursuant to their marriage, wish to end all disputes inter se themselves and are already living together peacefully. Moreover, the present petition is also supported by their respective affidavit(s) to the said effect. 8. Therefore, 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, as also since there is nothing left to corroborate and prove 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 16/09/2026 at 11:38:45
case of the prosecution, continuation of the aforesaid FIR will be an exercise in futility. 9. Therefore, the present petition is allowed and FIR No.231/2021 dated 09.09.2021 registered under Sections 376/313 of the IPC and Section 6 of POCSO at PS: Maidangarhi, South District, New Delhi and all proceedings emanating therefrom are hereby quashed. 10. Accordingly, the present petition alongwith the pending application is disposed of in the aforesaid terms. SAURABH BANERJEE, J SEPTEMBER 14, 2026/rr
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 16/09/2026 at 11:38:45