Allowed¶7

Shivam and Ors. v. State NCT of Delhi and Ors.

Delhi HC18 Feb 2026CRL.M.C./1387/2026

Case brief

AI extract

What is this about?

Quashing of FIR on inter-party settlement/compromise; Section 528 BNSS, 2023 petition; FIR No.509/2025 dated 13.10.2025, PS: Subzi Mandi, Delhi; Sections 110/351(2)/3(5) BNS, 2023; Memorandum of Understanding dated 28.01.2026 (Annexure P2); affidavit-backed settlement; parties identified by IO; State APP no objection; followed Jitendra Raghuvanshi (2013) 4 SCC 58, Gian Singh (2012) 10 SCC 303, Narinder Singh (2014) 6 SCC 466; CRL.M.C. 1387/2026 with pending CRL.M.A. 5540/2026; High Court of Delhi; Justice Saurabh Banerjee; decision date 18.02.2026.

What did the court decide?

Quashing of FIR No.509/2025 dated 13.10.2025 registered at PS: Subzi Mandi, Delhi under Sections 110/351(2)/3(5) of the BNS and all proceedings emanating therefrom; the petition alongwith the pending application (CRL.M.A. 5540/2026) disposed of. ¶7

Shivam and Ors. Vs State NCT of Delhi and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.509/2025 dated 13.10.2025 registered at PS: Subzi Mandi, Delhi under Sections 110/351(2)/3(5) of the BNS, 2023 and all proceedings emanating therefrom should be quashed in view of the Memorandum of Understanding dated 28.01.2026 arrived at between the petitioners and respondent nos.2 to 5.

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Ratio / Principle

Since a settlement was voluntarily arrived at between the parties, the parties shall remain bound by its terms, accompanying affidavits have been filed, and following the law laid down by the Supreme Court in Jitendra Raghuvanshi, Gian Singh and Narinder Singh, continuation of the FIR against the petitioners would be an exercise in futility.

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Key takeaways

The petition is allowed and FIR No.509/2025 dated 13.10.2025 registered at PS: Subzi Mandi, Delhi under Sections 110/351(2)/3(5) of the BNS and all proceedings emanating therefrom are quashed.ratio¶7

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 18.02.2026 in CRL.M.C. 1387/2026: petitioners Shivam and Ors., under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sought quashing of FIR No.509/2025 dated 13.10.2025, PS: Subzi Mandi, Delhi, registered under Sections 110/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023, and all proceedings emanating therefrom. A Memorandum of Understanding dated 28.01.2026 (Annexure P2) with proofs of identity and accompanying affidavits had been arrived at between the petitioners and respondent nos.2 to 5, who were present, identified by the IO and affirmed the settlement with no objection; the learned APP for the State likewise raised no objection. Following the Supreme Court decisions 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 would be an exercise in futility, allowed the petition, quashed the FIR and all proceedings emanating therefrom, and disposed of the petition alongwith pending application CRL.M.A. 5540/2026.

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$~88

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 1387/2026, CRL.M.A. 5540/2026

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SHIVAM AND ORS .....Petitioners Through: Mr. Chaman Lal, Advs. alongwith petitioners.

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versus

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STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh, Advocate

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Ms. Taruna Devi, Adv. for R-2 to 5 alongwith R-2 to 5 in person.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 18.02.2026

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By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioners seek quashing of FIR No.509/2025 dated 13.10.2025 registered at PS: Subzi Mandi, Delhi under Sections 110/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 ( BNS ) and all proceedings emanating therefrom, in view of the Memorandum of Understanding dated 28.01.2026 [ Annexure P2 ] arrived at between the petitioners and the respondent nos.2 to 5, which is accompanied by their respective proofs of identity.

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Issue notice.

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

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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 20/02/2026 at 12:24:31

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respondent nos.2 to 5, present in Court, also accept notices and affirm the terms of the aforesaid Settlement, and states that they have no objection to the quashing of the aforesaid FIR.

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The petitioners and the respondent nos.2 to 5, present in Court, as well as their credentials, as on record, have been identified by the IO. 6. Since, a settlement has already been arrived at voluntarily between the parties, and the parties shall remain bound by all the terms and conditions thereof, as also since 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 aforesaid FIR against the petitioners will be an exercise in futility.

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Accordingly, the petition is allowed and FIR No.509/2025 dated 13.10.2025 registered at PS: Subzi Mandi, Delhi under Sections 110/351(2)/3(5) of the BNS and all proceedings emanating therefrom are hereby quashed.

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

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SAURABH BANERJEE, J

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FEBRUARY 18, 2026/ bh

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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 20/02/2026 at 12:24:31

Shivam and Ors. v. State NCT of Delhi and Ors.

Case brief

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Shivam and Ors. v. State NCT of Delhi and Ors.

Case brief

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