Gaurav Lumba v. State Govt NCT Of Delhi & ANR.

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 802/2026, CRL.M.A. 7743/2026 GAURAV LUMBA .....Petitioner Through:

Ms. Neha Sehrawat and Ms.

Meghna Bali, Advs.

versus STATE GOVT NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC for the State with Mr. Ashvini Kumar with SI Gaurav Kumar, PS.:

Rajinder Nagar.

R-2 present 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 Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the petitioner seeks quashing of FIR No.125/2014 dated 30.03.2014 registered at PS.: Rajinder Nagar, New Delhi under Sections 279/323/354/354A(1)/506/509 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom, in view of the Mediation Settlement Deed (MSD) dated 11.12.2025 [Document 4] arrived at between the petitioner and the respondent no.2, which is accompanied by their respective proofs of identities. 2.

Issue notice. Learned ASC for State accepts notice, and records his objection to the quashing of the aforesaid FIR. 3.

Respondent no.2, present in Court, also accepts notice and affirms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the terms of the aforesaid MSD dated 11.12.2025, and states that she has no objection to the quashing of the aforesaid FIR. 4.

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.

5.

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 279/323/354/354A(1)/506/509 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 same arises out of the property dispute inter se the parties and since the parties have already arrived at a settlement, which is accompanied by their respective affidavit(s) to the aforesaid effect, in terms whereof respondent no.2 wishes to end the dispute. 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.

6.

Thus, the present petition is allowed and FIR No. 125/2014 dated 30.03.2014 registered at PS.: Rajinder Nagar, Delhi under Sections 279/323/354/354A(1)/506/509 of the IPC and all proceedings emanating therefrom are hereby quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Lastly, considering the present FIR is pertaining to the year 2014 and much water has flown since then, the petitioner and the respondent no.2, as a gesture of goodwill, volunteer to donate a sum of Rs.5,000/- each for the sweeping charges to the two sweepers (Mr. Sunil Kumar and Mr. Sagar) of the concerned Police Station on or before the 7th day of every alternate month i.e. May 2026, July 2026, September 2026, November 2026 and January 2027.

8.

Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J.

MARCH 16, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.