Allowed¶19

Yash Kashyap & Anr. v. the State NCT of Delhi and Anr.

Delhi HC23 Apr 2026W.P.(CRL)/1298/2026

Case brief

AI extract

What is this about?

W.P.(CRL) 1298/2026, Delhi HC, decided 23.04.2026, Saurabh Banerjee J: FIR No.0036/2026 dated 28.02.2026 PS Preet Vihar under Sections 281/125(a)/115/3(5) BNS quashed with all proceedings via petition under Article 226 Constitution read with Section 528 BNSS; settlement dated 17.03.2026 between petitioners (Yash Kashyap & Anr.) and respondent no.2; Rs.1,30,000/- full and final compensation; followed Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303, Narinder Singh (2014) 6 SCC 466; continuation held exercise in futility.

What did the court decide?

Quashing of FIR No.0036/2026 dated 28.02.2026 registered at PS.: Preet Vihar, Delhi under Sections 281/125(a)/115/3(5) of the BNS and all proceedings emanating therefrom; petition and pending application disposed of accordingly. ¶19

Yash Kashyap & Anr. Vs the State NCT of Delhi and Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether FIR No.0036/2026 dated 28.02.2026 registered at PS Preet Vihar, Delhi under Sections 281/125(a)/115/3(5) of the BNS, and all proceedings emanating therefrom, should be quashed in view of the Memorandum of Settlement dated 17.03.2026 between the petitioners and respondent no.2.

¶12

Court's answer

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, since there is nothing left to corroborate and prove the case of the prosecution, continuation of the FIR against the petitioners will be an exercise in futility.

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Ratio / Principle

The present petition is allowed and FIR No.0036/2026 dated 28.02.2026 registered at PS.: Preet Vihar, Delhi under Sections 281/125(a)/115/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed.

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Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J., 23.04.2026) allowed a writ petition under Article 226 of the Constitution read with Section 528 BNSS and quashed FIR No.0036/2026 dated 28.02.2026, PS Preet Vihar, Delhi, under Sections 281/125(a)/115/3(5) of the BNS, along with all proceedings emanating therefrom. Petitioners Yash Kashyap & Anr. and respondent no.2 had mutually resolved their disputes by a Memorandum of Settlement/Understanding dated 17.03.2026 (Annexure P2); respondent no.2, present in Court, affirmed the settlement and confirmed receipt of Rs.1,30,000/- as full and final compensation for medical expenses and damage to the Scooty, while the State ASC raised no objection. Following Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303 and Narinder Singh (2014) 6 SCC 466, the Court held that since nothing remained to corroborate and prove the prosecution case, continuation of the FIR would be an exercise in futility.

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$~82

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1298/2026 & CRL.M.A. 12529/2026

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YASH KASHYAP & ANR. .....Petitioners

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Through: Mr. Hemant Goel, Advocate with petitioners in person.

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versus

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THE STATE NCT OF DELHI AND ANR .....Respondents

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Through: Mr. Sanjay Lao, ASC with SI Shankar Kumar, PS-Preet Vihar. Mr. Manish Gupta, Advocate for R- 2.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

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% 23.04.2026

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By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of the FIR No.0036/2026 dated 28.02.2026 registered at PS.: Preet Vihar, Delhi under Sections 281/125(a)/115/3(5) of Bharatiya Nyaya Sanhita, 2023 ( BNS ) and all proceedings emanating therefrom, in view of Memorandum of Settlement/ Understanding dated 17.03.2026 ( Annexure P2 ), whereby the petitioners and the respondent no.2 have mutually and amicably resolved their disputes.

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Issue notice. Learned ASC for the State accepts notice and submits that he has no objection to the quashing of the aforesaid FIR.

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Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Memorandum of Settlement/Understanding dated 17.03.2026. He submits that in compliance thereof he has already

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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 25/04/2026 at 13:23:57

¶16

received the total settlement amount of Rs.1,30,000/- as full and final compensation for medical expenses, damage to the Scooty, etc. Thus, he has no objection to the quashing of the aforesaid FIR.

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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.

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Facts disclose that a settlement has already been arrived voluntarily between the petitioners and the respondent no.2 and the present petition is accompanied by their respective affidavit(s) qua the said effect. In view thereof, they shall remain bound by all 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 petitioners will be an exercise in futility.

¶19

Thus, the present petition is allowed and FIR No.0036/2026 dated 28.02.2026 registered at PS.: Preet Vihar, Delhi under Sections 281/ 125(a)/115/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed.

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

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APRIL 23, 2026/NA

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SAURABH BANERJEE, J

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This is a digitally signed order.

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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 25/04/2026 at 13:23:57

Yash Kashyap & Anr. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Yash Kashyap & Anr. v. the State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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