Sh Sachin Gupta v. The State (Govt. Of NCT Of Delhi) And ANR.
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4789/2022 SH SACHIN GUPTA .....Petitioner Through:
Mr. Bharat Bagga, Adv. (Through VC) versus THE STATE (GOVT. OF NCT OF DELHI) AND ANR ....Respondents Through:
Mr. Raghuinder Verma, APP for the State SI- Rittu, PS: Subhash Place
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 13.03.2026 1.
By virtue of the present petition under Section 482 of the Code Of Criminal Procedure, 1973 (Cr.P.C.) the petitioner seeks quashing of the FIR No.390/2021 dated 14.06.2021 registered at PS: Subhash Place, Delhi under Sections 323/354/354D/506/509 of the of the Indian Penal Code, 1860 (IPC) and Sections 10/12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and all proceedings emanating therefrom, in view of the Settlement Deed dated 07.09.2022 (Annexure P3) 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 identities respectively. 2.
Issue Notice. Learned APP for the State accepts notice and objects to the quashing of the aforesaid FIR.
3.
Respondent no.2, appearing through video conferencing, also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
accepts notice and affirms the terms of the Settlement Deed dated 07.09.2022, as also that she has voluntarily settled all her disputes with the petitioner, and that she does not wish to pursue the criminal proceedings against the petitioner and has no objection if the present FIR is quashed. 4.
The petitioner and the respondent no.2, appearing through video conferencing, as well as their credentials, as on record, have been duly identified by the Investigating Officer.
5.
Upon an overall consideration of the existing facts and circumstances, even though this Court is mindful that the present FIR has been registered under Sections 323/354/354D/506/509 of the IPC and Sections 10/12 of the POCSO Act, however, in view of the aforesaid this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS since a settlement has already been arrived voluntarily between the parties and the present petition is accompanied by the affidavit(s) of the parties qua the aforesaid effect. In view thereof, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. 6.
It is also a case wherein the respondent no.2 is now married and has started a new life as also since the same shall be in the interest of the parties and betterment of their future.
7.
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 & 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.
Thus, the present petition is allowed and FIR No.390/2021 dated 14.06.2021 registered at PS: Subhash Place, Delhi under Sections 323/354/354D/506/509 of the IPC and and Sections 10/12 of POCSO Act as also all other proceedings emanating therefrom are hereby quashed. 9.
As such, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J MARCH 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.