Dev Raj And ANR v. State Govt Of NCT Of Delhi And ANR

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.

8292/2025 & CRL.M.As.

34563-34565/2025, 38853/2025, 12729/2026 DEV RAJ AND ANR .....Petitioner Through:

Mr. Afesh Kumar and Mr. Raghav Agarwal, Advocates.

versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through:

Mr. Yudhvir Singh Chauhan, APP with Insp. Pawan Kumar, PS Crime Branch.

Ms. Harsha Sharma and Mr.

Anand Kumar Dubey, Advocates for Jahan Mohan Rao.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 20.05.2026 1.

The petitioners have filed this petition for quashing of FIR No. 185/2025 dated 25.07.2025, registered at Police Station Crime Branch, Delhi, under Sections 316(5)/318(4)/61(2) of the Bharatiya Nyaya Sanhita, 2023. The petition is predicated upon a settlement with the complainant - L. Alex, as recorded in a Settlement Agreement dated 18.11.2025.

2.

Although the complainant is not represented today, Mr. Yudhvir Singh Chauhan, learned Additional Public Prosecutor, submits that payment in terms of the Settlement Agreement dated 18.11.2025 has not yet been made. He further submits that, in the course of investigation, the police identified a second victim, namely, Mr. Jagan Mohan Rao. 3.

Ms. Harsha Sharma, learned counsel, appears on behalf of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Mr.Jagan Mohan Rao, and submits that the settlement agreement between petitioner No. 1 and Mr. Jahan Mohan Rao has been annexed to CRL.M.A. 12729/2026, filed on his behalf. The said application seeks vacation of the interim protection against coercive action granted to the petitioners by order dated 24.12.2025.

4.

The aforesaid order of interim protection was also predicated upon the terms of settlement. By the said order, it was specifically recorded as follows:

"4.

Mr. Madhav Khurana, learned senior counsel appearing on behalf of the petitioner submits that the substantive prayer made in the present petition is for quashing of FIR No. 185/2025 under Section 316(5), 318(4) and 61(2) of the BNS, Registered at PS Crime Branch, New Delhi on the ground that the petitioner has entered into a settlement with the complainant namely, L.Alex as well as another victim namely, Sh. Bora Jagan Mohan Rao.

5.

He submits that in terms of the Settlement dated 18.11.2025 entered into between the petitioner and Sh. Bora Jagan Mohan Rao, the petitioner had agreed to pay full and final settlement amount of Rs. 1,20,00,000/- in the manner stated in the settlement. 6.

He submits that an amount of Rs. 3 lakhs has already been paid, and the next instalment of Rs. 29 lakhs was to be paid by the petitioner within 10 days from the release of petitioner's wife from judicial custody. He submits that the said amount will be paid positively on or before 22.01.2026 i.e. the date fixed before this Court in the Bail Application No. 4723/2025.

xxx xxx xxx CRL.M.A. 38853/2025 xxx xxx xxx 15.

Mr. Madhav Khurana, learned counsel appearing on behalf of the petitioner submits that since there is a settlement and to enable the petitioner to honor the terms of settlement, the petitioner may be granted interim protection till the next date of hearing. He further submits that in case the petitioner is not able to abide by his undertaking as recorded by this Court hereinabove viz. making of payment of Rs. 29 lakhs on or before 22.01.2026, the present interim protection may be withdrawn.

16.

In view of the above, issue notice.

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

17.

Ms. Tarang Srivastava, learned APP, Mr. Alok Tripathi, learned counsel for the respondent no.2 and Ms. Harsha Sharma, learned counsel for the victim/ Sh. Bora Jagan Mohan Rao accept notice.

18.

Let response to the application be filed before the next date. 19.

Having regard to the limited submission articulated by Mr. Khurana, it is directed that no coercive action be taken against the petitioner till the next date of hearing."

[Emphasis supplied.] 5.

Mr. Afesh Kumar, learned counsel for the petitioners, accepts that payments have not been made in terms of the settlement, but contends that the petitioners are willing to make the payments, provided that certain property documents which are in the possession of the Investigating Officer are released to them, so that they can secure loans against the said properties. As far as this aspect is concerned, the Investigating Officer has made an application under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the learned Magistrate's Court, which remains pending, and the parties may advance their respective contentions before the said Court. 6.

Subject to the aforesaid, Mr. Kumar seeks permission to withdraw the present petition, without prejudice to the petitioner's rights and remedies, in the event the settlement fructifies. 7.

The petition, alongwith pending applications, is dismissed as withdrawn in terms of the above.

8.

It is made clear that this Court has not made any observations on the merits of the case.

PRATEEK JALAN, J MAY 20, 2026 'pv/KA'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.