Pawan Kumar Gaba v. State NCT Of Delhi And ANR
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 201/2026 PAWAN KUMAR GABA .....Petitioner Through:
Mr. Pranav Rishi, Mr. Gaurav Mishra and Ms.
Sukriti Kamra, Advs.
alongwith petitioner in person versus STATE NCT OF DELHI AND ANR.
.....Respondents Through:
Mr. Satish Kumar, APP for the State with Ms. Upasna Bakshi, Ms. Divya Bakshi and Ms. Niketa Manish, Advs.
alongwith SI Pawan Kumar Gaba Mr. Saurav Seth, Adv. for R-2 alongwith R-2 in person
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 29.05.2026 1.
The present matter is being taken up today as 28.05.2026 was declared a holiday.
2.
By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of FIR No.046/2020 dated 20.02.2020 registered at PS: Special Cell, Delhi under Sections 419/420 of the Indian Penal Code, 1860 (IPC) as also all proceedings emanating therefrom, in view of the Memorandum of Settlement dated 20.12.2025 (Annexure P-5).
3.
Issue notice. Learned APP for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR qua the present petitioner.
4.
Respondent no.2 present in Court, also accept notice and affirms the terms of the aforesaid Memorandum of Settlement dated 20.12.2025, whereby out of total sum of Rs.2,62,000/-, the petitioner has already paid The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/06/2026 at 11:28:51
her a settlement amount of Rs.1,31,000/- and for the remaining amount of Rs.1,31,000/- payment has been done through IMPS Receipt no. KUN99UQ17955 today itself as full and final settlement of all her present, past and future claims, etc. As such, respondent no.2 submits that she has no objection if the present FIR is quashed qua the present petitioner. 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.
Facts disclose that a settlement has already been arrived voluntarily between the petitioner and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) to that effect. In view thereof, the parties shall remain bound by 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.
7.
Accordingly, the present petition is allowed and FIR No.046/2020 dated 20.02.2020 registered at PS: Special Cell, Delhi under Sections 419/420 IPC as also all proceedings emanating therefrom are hereby quashed only qua the petitioner.
8.
As such, the present petition is disposed of in the aforesaid terms. 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. The Order is downloaded from the DHC Server on 01/06/2026 at 11:28:51