Satish Nainiwal v. The State Of NCT Of Delhi And ANR
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2408/2026, CRL.M.A. 9833/2026 SATISH NAINIWAL .....Petitioner Through:
Mr. Ayyub Ahmad and Mr. Sajid Ali, Advs. alongwith petitioner on VC versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Satish Kumar, APP Mr. Anis Ahmad, Mr. Adeep Ahmad and Ms. Aafreen Anis, Advs. for R-2 SI- Priyanka, PS: Ambedkar Nagar
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 27.04.2026 1.
By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of FIR No.338/2025 dated 01.08.2025 registered at PS: Ambedkar Nagar under Sections 64(1)/351 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom, in view of the Memorandum of Understanding dated 15.04.2026 (MOU) arrived at between the petitioner and the respondent no.2, which is accompanied by affidavit(s) of the petitioner and of respondent no.2, alongwith proofs of their respective identities.
2.
Issue notice.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned APP for the State accepts notice and submits that he has no objection to the quashing of the FIR.
4.
Respondent no.2, present in Court, also accepts notice and, affirming the terms of the MOU dated 15.04.2026, submits that she has voluntarily settled all her disputes with the petitioner and does not wish to pursue any criminal proceedings against him, thus, she has no objection if the FIR is quashed.
5.
The petitioner, appearing from the concerned jail through video conferencing, 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 existing facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR has been registered under Sections 64(1)/351 BNS, this Court is inclined to quash the FIR in exercise of its inherent powers under Section 528 BNSS, particularly since a perusal of the MOU duly signed and affirmed in person by the respondent no.2 as also her affidavit on record reveals that the aforesaid FIR arose out of private disputes between the parties who had friendly relations between them, as also since the respondent no.2, a young girl with future prospects, wishes to bring closure to the present proceedings of her own free will and volition to enable her to move on and live her life without any fetters/ interference as also marry any other person of her choice as expressed therein, and is thus no longer inclined to support the case of the prosecution. 7.
In view of the afore-going, and 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
& Anr.:(2014) 6 SCC 466 the present petition is allowed and FIR No.338/2025 dated 01.08.2025 registered at PS: Ambedkar Nagar under Sections 64(1)/351 BNS as also all proceedings emanating therefrom are hereby quashed.
8.
Accordingly, the present petition, alongwith pending application, is disposed of in the aforesaid terms.
SAURABH BANERJEE, J APRIL 27, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.