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High Court of DelhiCRL.M.C./1079/2026

Abhishek Singh Alias Chintu v. State NCT Of Delhi & ANR.

2026-02-09Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1079/2026 & CRL.M.A. 4307/2026 ABHISHEK SINGH ALIAS CHINTU .....Petitioner Through:

Mr. Vikasdeep Sharma, Ms. Tanya Sharma, Advocates with petitioner in person versus STATE NCT OF DELHI & ANR.

.....Respondent Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Advocate with SI Anjana, PS: Delhi Cantt.

Ms. Anjani Suri, Advocate for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 09.02.2026 1.

By virtue of the present petition under Article 227 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner seeks quashing of FIR No.139/2023 dated 11.04.2023 registered at PS.: Delhi Cantt., Delhi under Sections 354/354A of the Indian Penal Code, 1860 (IPC) and Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) and all other proceedings emanating therefrom in view of the Settlement vide Affidavit on Oath dated 16.01.2026 arrived at between the petitioner and respondent no.2.

2.

The present petition is accompanied by the Affidavit on Oath dated The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

16.01.2026 [Annexure 1] and is also supported by affidavits of the petitioner and of respondent no.2, alongwith proofs of their respective identities.

3.

Issue Notice.

4.

Learned APP for the State accepts notice. He records his objections to the quashing of the FIR No.139/2023 dated 11.04.2023. 5.

Learned counsel for the respondent no.2 also accepts notice. Respondent no.2, present in Court, confirms the Affidavit on Oath dated 16.01.2026 and submits that she has voluntarily settled all her disputes with the petitioner. Respondent no.2 further states that she does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the FIR No.139/2023 dated 11.04.2023. 6.

Further, 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 consideration of the existing peculiar facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR has been registered under Section(s) 354/354A of the IPC, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS, particularly whence the same would be in the interest of justice and will also be in the interest of the parties for their, as also since much water has flown since then and the parties have voluntarily decided to move ahead in life. 8.

Further, since a Settlement has been arrived at between the petitioner and the respondent no.2 vide Affidavit on Oath dated 16.01.2026, and as the respondent nos.2 does not wish to continue with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the criminal proceedings, they shall be bound the terms contained therein. As such, in order to bring a quietus to the present disputes and 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 also held by a Co-ordinate Bench of this Court in Shyam Kishore Singh vs. Govt. NCT of Delhi; 2023 SCC OnLine Del 4072, this Court is of the opinion that continuation of the aforesaid FIR No.139/2023 dated 11.04.2023 will be an exercise in futility.

9.

Accordingly, the petition is allowed and FIR No.139/2023 dated 11.04.2023 registered at PS.: Delhi Cantt., Delhi under Sections 354/354A of the IPC and Section 10 of the POCSO Act and all other proceedings emanating therefrom are quashed.

10.

The present petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J FEBRUARY 9, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.