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High Court of DelhiCRL.M.C./437/2026

Md Arif & ORS. v. The State NCT Of Delhi And ANR

2026-02-09Hon'Ble Mr. Justice Saurabh Banerjee3 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 437/2026, CRL.M.A. 1710/2026 MD ARIF & ORS.

.....Petitioners Through:

Mr. Dinesh Kumar Madesiya, Adv.

with petitioners in person versus THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Advocate and W/PSI Pushpinder Kaur, Adv., PS.:

Aman Vihar.

Mr. Usman Khan, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 09.02.2026 1.

By virtue of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.1146/2022 dated 29.12.2022 registered at PS.: Aman Vihar, Delhi under Sections 406/506/509/354/34 of the Indian Penal Code, 1860 (IPC) and all other proceedings emanating therefrom in view of the Settlement Agreement dated 28.12.2024 arrived at between the petitioners and respondent no.2.

2.

The present petition is accompanied by the Settlement Agreement dated 28.12.2024 [Annexure P2] and is also supported by affidavits of the petitioners and of respondent no.2, alongwith proofs of their respective identities.

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

3.

Issue Notice. Learned APP for the State accepts notice. He records his objections to the quashing of the FIR No.1146/2022 dated 29.12.2022. 4.

Learned counsel for the respondent no.2 also accepts notice. Respondent no.2, present in Court, confirm the Settlement Agreement dated 28.12.2024 and submits that she has voluntarily settled all her disputes with the petitioners. Respondent no.2 further states that she does not wish to pursue the criminal proceedings against the petitioners and has no objection to the quashing of the FIR No.1146/2022 dated 29.12.2022. 5.

Further, the petitioners and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

6.

This Court has also to take into consideration that the respondent no.2 has voluntarily entered into a Settlement Agreement dated 28.12.2024 with the petitioners in the midst of pendency of the proceedings to put quietus to the matter, as also the respondent no.2 has given her affidavit to that effect and, thus no longer inclined to support the case of the prosecution. As such, there is no reason for prolonging the trial and/ or continuing with the proceedings emanating from the present FIR. 7.

Upon consideration of the existing peculiar facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR No.1146/2022 has been registered under Section(s) 406/506/509/354/34 of the IPC, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS, particularly whence in the opinion of this Court, the same is in the interest of justice and will also be in the interest of the parties and betterment of their future.

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

8.

As such, in view of the settlement entered between the petitioners and the respondent no.2, they shall be bound by the terms therein as also in order to bring a quietus to the present disputes and 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 as also held by a Co-ordinate Bench of this Court in Shyam Kishore Singh vs. Govt. NCT of Delhi; 2023 SCC OnLine Del 4072, this Court is of the opinion that continuation of the aforesaid FIR No.1146/2022 dated 29.12.2022 will be an exercise in futility.

9.

Accordingly, the petition is allowed and FIR No.1146/2022 dated 29.12.2022 registered at PS.: Aman Vihar, Delhi under Sections 406/506/509/354/34 of the IPC and all other proceedings emanating therefrom are quashed.

10.

The present petition, alongwith the pending application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J FEBRUARY 9, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.