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High Court of DelhiCRL.M.C./3223/2026

Prashant v. The State (NCT Of Delhi) & ANR.

2026-05-18Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3223/2026 & CRL.M.A. 13085/2026 PRASHANT .....Petitioner Through:

Ms. Sukanya Hazarika, Mr. Prem Prakash Upadhyay and Mr. Shiv Kumar, Advs. with petitioner in person versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Ms. Apoorva Khosla and Mr.

Bhanu Pratap Singh, Advocates with SI Ekta, PS Mangolpuri R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 18.05.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks quashing of FIR No.977/2024 dated 04.10.2024 registered at PS: Mangolpuri under Section 376 of the Indian Penal Code, 1860 (IPC) read with Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom since the petitioner and the respondent no.2 have settled all their disputes and differences and are now married to each other. The present petition is also accompanied by the Marriage Certificate dated 17.12.2024 [Annexure P3] inter se the petitioner and the respondent no.2 as well as their respective proofs of identity and affidavit(s). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Issue notice.

3.

Learned APP for State accepts notice, and submits that she has no objection to the quashing of the aforesaid FIR. She has also handed over a copy of the Status Report alongwith certain documents including the Marriage Certificate dated 17.12.2024 inter se the petitioner and the respondent no.2, which has since been verified. The same are taken on record.

4.

Respondent no.2, present in Court, also accepts notice and submits that since she has resolved all her disputes with the petitioner and is now residing with him in matrimonial bliss and harmony, as such, she has no objection to the quashing of the aforesaid FIR. 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.

Though this Court is mindful of the fact that the present FIR has been registered under Section 376 IPC/ Section 69 BNS, however, considering the subsequent marriage between the parties and the submissions made by them today whence they are present in Court, particularly, to the effect that they both are presently residing together peacefully as husband and wife, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 BNSS. More so, since the quashing of the present FIR would be in the interest of both petitioner and respondent no.2 who have a future ahead of them, as also in the interest of justice since there is nothing left to corroborate and prove the case of the prosecution and continuation thereof will be an exercise in futility.

7.

Therefore, following the law laid down by the Hon'ble Supreme The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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, the present petition is allowed and FIR No.977/2024 dated 04.10.2024 registered at PS: Mangolpuri under Section 376 IPC/ Section 69 BNS and all proceedings emanating therefrom are hereby quashed. 8.

Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J.

MAY 18, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.