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High Court of DelhiCRL.M.C./1927/2026

H v. State Of NCT Delhi & ANR.

2026-03-17Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1927/2026, CRL.M.A. 7934/2026 .....Petitioner Through:

Mr.

Mohan Shyam, Advocate alongwith petitioner in person versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Dinesh Kumar, Ashish Mahani and Ms. Upasana Bakshi, Advocates with SI Jyoti Singh, PS: IGI Airport Mr. S.P. Kaushal, Mr. Aaryan Sharma and Mr. Sakasham Kalra, Advocates for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 17.03.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks quashing of FIR No.520/2025 dated 21.07.2025 registered under Sections 64(1)/69/351 of the Bharatiya Nyaya Sanhita, 2023 (BNS) at PS: IGI Airport and all proceedings emanating therefrom, in view of the Memorandum of Understanding (MOU) dated 09.01.2026 [Annexure P3] arrived at between the petitioner and the respondent no.2, 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

no objection to the quashing of the aforesaid FIR. 4.

Respondent no.2, present in Court, also accepts notice and, supporting the case of the petitioner, affirms the terms of the aforesaid MOU dated 09.01.2026.

5.

The petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the IO. 6.

Upon consideration of the facts at hand, even though this Court is mindful that the offences involved are serious in nature, however, since as per the MOU, the circumstances arose out of a misunderstanding, as also the petitioner herself has expressed her desire to move forward in life and not pursue the aforesaid FIR. It is for this reason that the present petition has been filed. As such, this Court is inclined to exercise the powers under Section 528 of the BNSS, particularly, whence the same is in the interest of justice and will also be in the interest of the parties and betterment of their future.

7.

Facts disclose that the parties have voluntarily arrived at a settlement, and thus have filed their respective affidavit(s) along with the present petition. As such, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. Thus, 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.

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

8.

Accordingly, the present petition is allowed FIR No.520/2025 dated 21.07.2025 registered at PS: IGI Airport under Sections 64(1)/69/351 BNS and all proceedings emanating therefrom are hereby quashed. 9.

Considering that public machinery was involved and as a gesture of goodwill, the petitioner undertakes to deposit a sum of Rs.1,00,000/- [Rupees One Lakh Only] to HelpAge India. Likewise, respondent no.2 also undertakes to deposit a sum of Rs.1,00,000/- [Rupees One Lakh Only] to PALNA, Delhi Council for Child Welfare, Head Office, Qudsia Bagh, Yamuna Marg, Civil Lines, Delhi 110 054 [Tel: +91-11-23968907/ 23944655, 7303486155], within a period of four weeks. 10.

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

SAURABH BANERJEE, J MARCH 17, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.