Santona Sarkar And ORS v. State NCT Of Delhi And ANR

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 231/2026 SANTONA SARKAR AND ORS .....Petitioners Through:

Mr.

D.K.

Singh, Adv.

for petitioners alongwith petitioners in person.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Rupali Bandhopathya, ASC for State alongwith Mr.

Abhijeet Kumar and Ms. Amisha Gupta, Advs and SI Ritika Choudhary, PS.:

New Ashok Nagar.

Mr. Prashant Mahadev, Adv. for R-2. alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 12.02.2026 1.

By virtue of the present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of FIR No.99/2025 dated 04.02.2025 registered at PS.: New Ashok Nagar, Delhi under Sections 74/75(2)/79/115(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all other proceedings emanating therefrom in view of the Deed of Settlement dated 18.03.2025 arrived at between the petitioners and respondent no.2.

2.

The present petition is accompanied by the Deed of Settlement The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 18.03.2025 [Annexure P3] and is also supported by affidavits of the petitioners and of respondent no.2, alongwith proofs of their respective identities.

3.

Issue Notice. Learned ASC for the State accepts notice. She records his objections to the quashing of the FIR No.99/2025 dated 04.02.2025. 4.

Learned counsel for the respondent no.2 also accepts notice. Respondent no.2, present in Court, confirm the Deed of Settlement dated 18.03.2025 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.99/2025 dated 04.02.2025. 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.

The respondent no.2 herein has given her affidavit to the aforesaid effect and, thus she is no longer inclined to support the case of the prosecution on the basis of the Deed of Settlement dated 18.03.2025 she has voluntarily entered into with the petitioners in the midst of pendency of the proceedings to bring to quietus the pending disputes inter se them. As such, there is no reason for prolonging the trial and/ or continuing with the proceedings emanating from the present FIR. More so, whence it is an admitted position that the petitioners and the respondent no.2 involved herein were at the time of registration of the FIR, and in fact, are still residing in the same building as neighbours.

7.

Upon consideration of the existing facts and the overall events unfolding in their entirety, even though this Court is mindful that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

present FIR No.99/2025 has been registered under Sections 74/75(2)/79/115(2) of the BNS, 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.

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 between the parties 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 Coordinate 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.99/2025 dated 04.02.2025 will be an exercise in futility.

9.

Accordingly, the petition is allowed and FIR No.99/2025 dated 04.02.2025 registered at PS.: New Ashok Nagar, Delhi under Sections 74/ 75(2)/79/115(2) of the BNS and all other proceedings emanating therefrom are hereby quashed.

10.

As such, the present petition is disposed of in the aforesaid terms. SAURABH BANERJEE, J FEBRUARY 12, 2026/bh The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.