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High Court of DelhiCRL.M.C./1878/2026

Anil Lumba v. The State NCT Of Delhi And ANR

2026-03-16Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1878/2026, CRL.M.A. 7734/2026 ANIL LUMBA .....Petitioner Through:

Ms. Anjali Sisodia, Adv.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi and Mr. Bhanu Pratap Singh, Advocates with SI Gaurav Kumar, PS.:

Rajinder Nagar.

Ms. Neha Sehrawat and Ms.

Meghna Bali, Advs. for R-2 with R2 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 Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.126/2014 dated 30.03.2014 registered at PS.: Rajinder Nagar, Delhi under Sections 354/345A(1)/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 [Annexure No.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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection to the quashing of the aforesaid FIR. 3.

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid MSD dated 11.12.2025, and she has no objection to the quashing of the aforesaid FIR. 4.

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.

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 354/345A(1)/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 as also 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 with the petitioner. 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.

Accordingly, the present petition is allowed and FIR No. 126/2014 dated 30.03.2014 registered at PS.: Rajinder Nagar, 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.

354/345(A)(1)/509 of the IPC and all the proceedings emanating therefrom are hereby quashed.

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. April 2026, June 2026, August 2026, October 2026 and December 2026.

8.

Accordingly, the present petition, alongwith the pending application, 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.