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2026 DAILYLAW 3151 (DEL)

DURGESH YADAV & ANR. v. THE STATE GOVT. OF NCT OF DELHI AND ANR.

CRL.M.C./1660/2026 · 2026-03-16

Saurabh Banerjee

body2026

Judgment text

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$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1660/2026 & CRL.M.A. 6760/2026 DURGESH YADAV & ANR. .....Petitioners Through: Mr. Paras Nath Yadav and Mr. Pradhuman, Advocates with petitioners in person. versus THE STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Satish Kumar, APP with Mr. Upasana Bakshi, Advocate and SI Amit Kumar, PS-Moti Nagar. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 16.03.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek quashing of FIR No.0055/2023 dated 24.02.2023 registered at PS: Moti Nagar, Delhi under Sections 279/338/420/568/471 of the Indian Penal Code, 1860 (IPC) and Sections 146/196 of the Motor Vehicle Act, 1988 (MV Act) and all proceedings emanating therefrom, in view of the Settlement Agreement dated 05.06.2024 [Annexure P3] arrived at between the petitioners and the respondent no.2 before the Delhi Mediation Centre, Tis Hazari Courts, which is accompanied by their respective proofs of identities. 2. Issue notice. 3. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 4. Respondent no.2, present in Court, also accepts notice and affirms 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 18/03/2026 at 15:26:12 the terms of the aforesaid settlement dated 05.06.2024, whereby the petitioners have already paid the agreed settlement amount of Rs.2,70,000/- to him, and as such, he has no objection to the quashing of the aforesaid FIR. 5. 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. 6. The facts disclose that a settlement has also been arrived voluntarily between the parties and the present petition is accompanied by their respective affidavit(s) qua the aforesaid effect. In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. As such, 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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the aforesaid FIR against the petitioner will be an exercise in futility. 7. Accordingly, the present petition is allowed and FIR No.0055/2023 dated 24.02.2023 registered at PS: Moti Nagar, Delhi under Sections 279/338/420/568/471 of the IPC as also Sections 146/196 of the MV Act and all proceedings emanating therefrom are hereby quashed. SAURABH BANERJEE, J. MARCH 16, 2026/NA 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 18/03/2026 at 15:26:12