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

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

What the court decided

AI extract

Outcome

Petition allowed; FIR No.135/2026 dated 18.03.2026 (PS: North Rohini) under Sections 281/125(a) BNS and all proceedings emanating therefrom quashed; petition along with pending application (CRL.M.A. 15303/2026) disposed of in the aforesaid terms.

Issue for consideration

Whether FIR No.135/2026 dated 18.03.2026 registered at PS: North Rohini under Sections 281/125(a) of the Bharatiya Nyaya Sanhita, 2023, and all proceedings emanating therefrom, should be quashed in view of the Memorandum of Understanding dated 27.04.2026 (settlement) between the petitioner and respondent no.2.

Court's answer

In view of the voluntary settlement, the petitioner and respondent no.2 shall remain bound by all the terms and conditions of the settlement arrived at inter se themselves.

Ratio / Principle

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 petitioner will be an exercise in futility.

Key takeaways

The petition is allowed: FIR No.135/2026 dated 18.03.2026 registered at PS: North Rohini under Sections 281/125(a) BNS and all proceedings emanating therefrom are quashed.ratio¶17

Detailed headnote1 paragraphs

Criminal writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed; FIR No.135/2026 dated 18.03.2026 registered at PS: North Rohini under Sections 281/125(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom quashed pursuant to Memorandum of Understanding dated 27.04.2026 (Annexure P2) between petitioner and respondent no.2. Total settlement of Rs.90,000/-: Rs.30,000/- already paid, balance Rs.60,000/- handed over in Court by Demand Draft No.750855 dated 07.05.2026 (Union Bank of India, Sector-22, Rohini) as full and final settlement; parties to remain bound by settlement terms; nothing left to corroborate the prosecution case, continuation of FIR an exercise in futility - relying on Jitendra Raghuvanshi v. Babita Raguvanshi, (2013) 4 SCC 58, Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466; State (ASC) and respondent no.2 raised no objection. Petition and pending application (CRL.M.A. 15303/2026) disposed of. (Saurabh Banerjee, J.; decided 15.05.2026.)

$~85

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1551/2026, CRL.M.A. 15303/2026 GOTAM .....Petitioner

Through: Mr. Charul Chaudhary, Adv. with petitioner in person

versus

THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC for State with Mr. Alok Sharma and Ms. Pragya Sharma, Advs. with ASI Kishor Kumar, PS: North Rohini

Mr. Kanwarpreet Singh, Adv. for R-2 with R-2 (through VC)

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 15.05.2026

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, the petitioner seeks quashing of FIR No.135/2026 dated 18.03.2026 registered at PS: North Rohini under Sections 281/125(a) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and all proceedings emanating therefrom, in view of Memorandum of Understanding dated 27.04.2026 ( Annexure P2 ) arrived at between the petitioner and the respondent no.2, which is accompanied by their respective proofs of identity.

Issue notice. Learned ASC for State accepts notice and submits that

This is a digitally signed order.

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

Respondent no.2, present in Court, also accepts notice and affirms the terms of the aforesaid Memorandum of Understanding dated 27.04.2026, whereby the petitioner has already paid him a sum of Rs.30,000/- out of total settlement amount of Rs.90,000/- and a Demand Draft being DD No.750855 dated 07.05.2026 (Union Bank of India, Branch-Sector-22, Rohini, Delhi) of Rs.60,000/- has been handed over to him today as full and final settlement of all his present, past and future claims, etc. He further submits that he has no objection to the quashing of the aforesaid FIR.

The petitioner and the respondent no.2, present in Court, as well as their credentials as on record, have been identified by the IO. 5. Facts disclose that a settlement has already been arrived voluntarily between the petitioner 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 petitioner will be an exercise in futility.

Thus, the present petition is allowed and FIR No.135/2026 dated 18.03.2026 registered at PS: North Rohini under Sections 281/125(a) BNS and all proceedings emanating therefrom are hereby quashed.

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 18/05/2026 at 12:50:34

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

SAURABH BANERJEE, J.

MAY 15, 2026/So

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 18/05/2026 at 12:50:34