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High Court of DelhiCRL.M.C./3567/2026

Amarnath Sharma v. State Through Sho & ORS.

2026-05-29Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3567/2026 AMARNATH SHARMA .....Petitioner Through:

Mr. Pradeep Singh Rana, Adv. with Petitioner in person versus STATE THROUGH SHO & ORS.

.....Respondents Through:

Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh and Ms. Upasna Bakshi, Advocates Mr. Rahul, Adv. for R-3 to 7 Respondents in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.05.2026 1.

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seek quashing of FIR No.6/2020 dated 15.01.2020 registered at PS.: Budh Vihar, District NorthWest, New Delhi under Sections 288/338/304A of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom in view of Memorandum of Settlement dated 17.02.2020 [Annexure C], arrived at between the petitioner and Sirajul Chowdhary (now deceased), Memorandum of Settlement dated 21.02.2022 [Annexure D], arrived at between the petitioner and respondent no.2 and Memorandum of Settlement dated 25.04.2026 [Annexure E], arrived at between the petitioner and respondent no.4, which are accompanied by their respective The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proofs of identity.

2.

Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 3.

Respondent nos.2 to 6 in person, present in Court, also accept notice and affirm the terms of the aforesaid Memorandums of Settlement dated 17.02.2020, 21.02.2022 and 25.04.2026, whereby the petitioner has already paid them the total settlement amounts towards full and final settlement of all their present, past and future claims, etc. and submit that they have no objection to the quashing of the aforesaid FIR. 4.

The petitioner and the respondent nos.2 to 6, present in Court, as well as their credentials, as on record, have been identified by the IO. 5.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner and the respondent nos.2 to 6 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they 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.6/2020 dated 15.01.2020 registered at PS.: Budh Vihar, District North-West, New Delhi under Sections 288/338/304A 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.

As such, the present petition, alongwith the pending application, is disposed of in the aforesaid term.

SAURABH BANERJEE, J MAY 29, 2026/rr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.