Deepak and Ors vs State (Govt of Nct of Delhi) and Anr - Court Judgment

Excerpt:
* in the high court of delhi at new delhi+ crl.m.c. 2250/2026, crl.m.a. 9206/2026 deepak and ors .....petitioners through: mr. ashwani kumar ojha, adv. with petitioners in personversusstate (govt of nct of delhi) and anr .....respondents through: mr. satish kumar, app for the state with mr. dinesh kumar and mr. gourav singh, advs. with chetan panwar, ps.: chhawla, delhi mr. archit ojha, adv. for r-2 with r-2 present in person.coram:hon'ble mr. justice saurabh banerjeeorder% 27.03.20261. by virtue of the present petition under section 528 of the bharatiyanagarik suraksha sanhita, 2023 (bnss), the petitioners seek quashing of the fir no.795/2020 dated 02.09.2020 registered at ps.: chhawla, delhi under sections 323/341/506/34 of the indian penal code, 1860 (ipc) and all proceedings emanating therefrom since the petitioner no.1 and respondent no.2 have settled their all disputes and are living together amicably in view of the reconciliation deed dated 21.02.2026 (reconciliation) [annexure p5] before the learned family court, dwarka courts, new delhi, which is accompanied by the proofs of identities of the parties respective.2. issue notice. learned app for the state accepts notice, and submits,that he has no objection to the quashing of the aforesaid fir.3. respondent no.2, present in court, also accepts notice and affirmsthe terms of the reconciliation deed dated 21.02.2026 and submits that she has no objection to the quashing of the aforesaid fir as the petitioner no.1 and she herself are living together amicably.4. the petitioners and the respondent no.2, present in court, as well astheir credentials, as on record, have been identified by the investigating officer.5. facts disclose that the petitioner no.1 and the respondent no.2 havevoluntarily arrived at a settlement, and thus have filed their respective affidavit(s) along with the present petition. as such, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. thus, 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 thecase of the prosecution, continuation of the aforesaid fir against the petitioners will be an exercise in futility.6. resultantly, the present petition is allowed and fir no.795/2020dated 02.09.2020 registered at ps.: chhawla, delhi under sections hereby quashed.7. accordingly, the present petition, alongwith the pendingapplication, is disposed of in the aforesaid terms.saurabh banerjee, jmarch 27, 2026/bh

Judgment:

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2250/2026, CRL.M.A. 9206/2026 DEEPAK AND ORS .....Petitioners Through: Mr. Ashwani Kumar Ojha, Adv. with petitioners in person

versus

STATE (GOVT OF NCT OF DELHI) AND ANR .....Respondents Through: Mr. Satish Kumar, APP for the State with Mr. Dinesh Kumar and Mr. Gourav Singh, Advs. with Chetan Panwar, PS.: Chhawla, Delhi Mr. Archit ojha, Adv. for R-2 with R-2 present in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

ORDER

% 27.03.2026

1. By virtue of the present petition under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioners seek quashing of the FIR No.795/2020 dated 02.09.2020 registered at PS.: Chhawla, Delhi under Sections 323/341/506/34 of the Indian Penal Code, 1860 (IPC) and all proceedings emanating therefrom since the petitioner no.1 and respondent no.2 have settled their all disputes and are living together amicably in view of the Reconciliation Deed dated 21.02.2026 (Reconciliation) [Annexure P5] before the learned Family Court, Dwarka Courts, New Delhi, which is accompanied by the proofs of identities of the parties respective.

2. Issue notice. Learned APP for the State accepts notice, and submits,

that he has no objection to the quashing of the aforesaid FIR.

3. Respondent no.2, present in Court, also accepts notice and affirms

the terms of the Reconciliation Deed dated 21.02.2026 and submits that she has no objection to the quashing of the aforesaid FIR as the petitioner no.1 and she herself are living together amicably.

4. 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.

5. Facts disclose that the petitioner no.1 and the respondent no.2 have

voluntarily arrived at a settlement, and thus have filed their respective affidavit(s) along with the present petition. As such, the parties shall remain bound by all the terms and conditions of the settlement arrived inter se themselves. Thus, 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 petitioners will be an exercise in futility.

6. Resultantly, the present petition is allowed and FIR No.795/2020

dated 02.09.2020 registered at PS.: Chhawla, Delhi under Sections hereby quashed.

7. Accordingly, the present petition, alongwith the pending

application, is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

MARCH 27, 2026/bh