Anesh Kumar and Ors. Vs State NCT of Delhi and Anr. — Delhi HC (2026) — LawSathi Research

Anesh Kumar and Ors. Vs State NCT of Delhi and Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.247/2019 dated 09.07.2019 registered at PS.: Chhawla, New Delhi under Sections 341/506/509/354D/34 IPC and all proceedings emanating therefrom; the petition, alongwith the pending applications (including CRL.M.A. 5201/2026), disposed of.

Issue for consideration

Whether FIR No.247/2019 dated 09.07.2019 registered at PS.: Chhawla, New Delhi under Sections 341/506/509/354D/34 IPC and all proceedings emanating therefrom ought to be quashed in view of the Memorandum of Settlement/Compromise Deed dated 03.02.2026 between petitioner no.1 and respondent no.2.

Court's answer

A settlement was already arrived at voluntarily between the parties for bringing their disputes to a naught, they agreed to remain bound by its terms and conditions, and accompanying affidavits of the parties were filed; accordingly, following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, continuation of the FIR against the petitioners would be an exercise in futility.

Ratio / Principle

Continuation of the FIR against the petitioners will be an exercise in futility in view of the voluntary settlement between the parties.

Key takeaways

The petition is allowed and FIR No.247/2019 dated 09.07.2019 registered at PS.: Chhawla, New Delhi under Sections 341/506/509/354D/34 of the IPC and all proceedings emanating therefrom are hereby quashed.ratio¶6

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 16.02.2026 in CRL.M.C. 1294/2026: petition under Section 528 BNSS seeking quashing of FIR No.247/2019 dated 09.07.2019 (PS.: Chhawla, New Delhi) under Sections 341/506/509/354D/34 IPC allowed. Quashing granted in view of the Memorandum of Settlement/Compromise Deed dated 03.02.2026 (Annexure P2) between petitioner no.1 and respondent no.2; respondent no.2 affirmed the settlement terms in Court with no objection, the learned APP for the State likewise raised no objection, and the parties were identified by the IO. Following the law laid down by the Hon'ble Supreme Court in Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court held that continuation of the FIR after the voluntary settlement would be an exercise in futility; the FIR and all proceedings emanating therefrom were quashed and the petition, alongwith the pending applications (including CRL.M.A. 5201/2026), was disposed of.

$~109

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1294/2026, CRL.M.A. 5201/2026

ANESH KUMAR AND ORS .....Petitioners Through: Mr. Prashant Yadav, Adv. alongwith petitioners in person.

versus

STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Advocate and SI Durgesh, PS.: Chhawla. Ms. Usha Yadav and Ms. Laxmi Gaur, Advs. alongwith R-2 present in person.

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 16.02.2026

By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of FIR No.247/2019 dated 09.07.2019 registered at PS.: Chhawla, New Delhi under Sections 341/506/509/354D/34 of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the Memorandum of Settlement/ Compromise Deed dated 03.02.2026 [ Annexure P2 ] arrived at between petitioner no.1 and respondent no.2, which is accompanied by their respective proofs of identity.

Issue notice. Learned APP for the State accepts notice, and submits that he has no objection to the quashing of the aforesaid FIR No.247/2019.

This is a digitally signed order.

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 18/02/2026 at 12:04:35

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Memorandum of Settlement/ Compromise Deed dated 03.02.2026, and she has no objection to the quashing of the aforesaid FIR.

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

Since, a settlement has already been arrived at voluntarily between the parties for bringing their disputes to a naught, as also since they agree that they shall remain bound by all the terms and conditions thereof, and there are accompanying affidavit(s) of the parties involved have also been filed herewith, 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 , continuation of the FIR against the petitioners will be an exercise in futility.

Accordingly, the petition is allowed and FIR No.247/2019 dated 09.07.2019 registered at PS.: Chhawla, New Delhi under Sections 341/506/509/354D/34 of the IPC and all proceedings emanating therefrom are hereby quashed.

Accordingly, the petition, alongwith the pending applications, is disposed of.

SAURABH BANERJEE, J.

FEBRUARY 16, 2026/ bh

This is a digitally signed order.

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 18/02/2026 at 12:04:35