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High Court of DelhiCRL.M.C./3802/2022

M P Shamsudeen v. The State NCT Of Delhi Through Secretary & ORS.

2026-05-13Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3802/2022 M P SHAMSUDEEN .....Petitioner Through:

Mr.

Vaibhav Mahajan, Adv.

(Through VC) versus THE STATE NCT OF DELHI THROUGH SECRETARY & ORS.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP for the State SI- Ritika Dhiman, PS: Chanakya Puri

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.05.2026 1.

By virtue of the present petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of FIR No.0181/2021 dated 20.12.2021 registered at PS: Chanakya Puri, Delhi under Sections 354/323/341/34 of the Indian Penal Code, 1860 (IPC) as also all proceedings emanating therefrom, in view of Memorandum of Understanding (MOU) dated 26.07.2022 [Annexure P2] arrived between the petitioner and the respondent no.3/ complainant, which is accompanied by their respective proofs of identity.

2.

At the outset, as recorded in the order dated 13.08.2025, learned counsel for the complainant, in presence of the complainant, submitted as under:

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

"The learned counsel appearing for the petitioner states that the settlement in this case has been arrived at only with the present petitioner, since the allegations under Section 354 of the IPC are only qua the present petitioner."

3.

Moreover, the presence of the complainant/ respondent no.3 has also been discharged vide the said order. In fact, as submitted by learned counsel for the petitioner, the respondent no.3 has since married and is residing in a different State.

4.

Issue notice.

5.

Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR. 6.

The petitioner, present in Court, as well as his credentials, as on record, have been identified by the IO.

7.

Facts disclose that a settlement has already been arrived voluntarily between the petitioner and the respondent no.3 as also the order passed on 13.08.2025 and the present petition is accompanied by their respective affidavit(s) to that effect. In fact, as submitted the said respondent no.3 has also since married. 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 petitioners 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.0181/2021 dated 20.12.2021 registered at PS: Chanakya Puri, Delhi under Sections 354/323/341/34 IPC as also all proceedings emanating therefrom are hereby quashed.

9.

The present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J MAY 13, 2026/Ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.