Shivam Tomar @ Sibbu & ORS. v. State Of NCT Of Delhi At New Delhi & ORS.
$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 527/2026, CRL.M.A. 2114/2026 SHIVAM TOMAR @ SIBBU & ORS.
.....Petitioners Through:
Mr. Gaurav, Advocate (through VC) alongwith petitioners in person Ms. Pushpa Singh, Mr. Sarthak Kumar and Mr. Mayank Mishra, Advocates for Petitioner nos.1 to 4 versus STATE OF NCT OF DELHI AT NEW DELHI & ORS.
.....Respondents Through:
Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Advocate with SI Amar Pal, PS: Gokul Puri Ms. Reena Kumari, Advocate for R-2 & 3
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 21.01.2026 1.
By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) [erstwhile Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)], the petitioners seek quashing of FIR No.155/2023 dated 27.03.2023 registered at PS: Gokul Puri, Delhi under Sections 323/341/308/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Memorandum of Understanding (MOU) dated 15.11.2025 arrived at between the petitioners and the respondent nos.2 and 3 before the Mediation Centre, Dwarka Courts, New Delhi.
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2.
The present petition is accompanied by the said MOU dated 15.11.2025 [Annexure P5] alongwith the respective proofs of identity of the petitioners and the respondent nos.2 and 3. 3.
Issue notice.
4.
Learned APP for the State accepts notice, and submits that he has no objection to the quashing of the aforesaid FIR No.155/2023 dated 27.03.2023.
5.
Respondent nos.2 and 3, present in Court, also accept notice. Respondent nos.2 and 3 further affirm the terms of the MOU dated 15.11.2025 and submit that they have voluntarily settled all disputes with the petitioners. It is further stated that they do not wish to pursue the criminal proceedings against the petitioners and have no objection to the quashing of the aforesaid FIR No.155/2023 dated 27.03.2023. 6.
The petitioners and the respondent nos.2 & 3, present in Court, as well as their credentials, as on record, have been identified by the IO. 7.
In view of the fact that a settlement has already been arrived at between the petitioners and respondent nos.2 and 3, they shall remain bound by all the terms and conditions contained therein. As such, following the law laid down by the Hon'ble Supreme Court in 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 well as considering that the petitioner nos.1, 2 and 4 are of young age and have a future ahead, this Court is of the opinion that continuation of the aforesaid FIR No.155/2023 dated 27.03.2023 will be an exercise in futility. 8.
Accordingly, the present petition is allowed and FIR No.155/2023 dated 27.03.2023 registered at PS: Gokul Puri, Delhi under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
323/341/308/34 of the IPC and all proceedings emanating therefrom, are hereby quashed.
9.
Accordingly, the present petition, alongwith the pending application, is disposed of.
SAURABH BANERJEE, J JANUARY 21, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.