Aarush Tewatia Vs State of N.C.T. of Delhi and Another — Delhi HC (2026) — LawSathi Research

Aarush Tewatia Vs State of N.C.T. of Delhi and Another — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.0909/2017 dated 07.12.2017 registered at PS: Mehrauli, Delhi under Sections 324/341/34 IPC and all proceedings emanating therefrom; petition disposed of along with pending applications, if any.

Issue for consideration

Whether FIR No.0909/2017 dated 07.12.2017 registered at PS: Mehrauli, Delhi under Sections 324/341/34 IPC and all proceedings emanating therefrom should be quashed in view of the voluntary oral settlement between the petitioner and respondent no.2, despite State opposition.

Court's answer

Upon overall consideration of facts and circumstances, this Court was inclined to quash the FIR in exercise of its inherent powers under Section 528 BNSS, since an oral settlement had been voluntarily arrived at between the parties and the petition was accompanied by affidavits of the parties qua that effect, to which the parties shall remain bound; personal circumstances (petitioner a first-time offender aged about 29 years residing with his dependent mother after his father's demise; respondent no.2 aged about 30 years with a young child, engaged in business with his mother) were taken into account notwithstanding the State's opposition based on the Status Report.

Ratio / Principle

Following the law laid down by the Hon'ble Supreme Court in 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 would be an exercise in futility.

Key takeaways

The present petition is allowed and FIR No.0909/2017 dated 07.12.2017 registered at PS: Mehrauli, Delhi under Sections 324/341/34 IPC, as also all other proceedings emanating therefrom, are hereby quashed.ratio¶¶21

Detailed headnote1 paragraphs

Quashing of FIR on private compromise/settlement — petition under S.482 CrPC read with S.528 BNSS — FIR No.0909/2017 dated 07.12.2017, PS Mehrauli, under Sections 324/341/34 IPC — voluntary oral settlement affirmed in person by respondent no.2 with NOC/affidavit and identity proofs; parties identified by Investigating Officer — State opposition on Status Report outweighed by overall consideration of facts; petitioner a first-time offender aged about 29 years, respondent no.2 aged about 30 years — following Gian Singh v. State of Punjab (2012) 10 SCC 303 and Narinder Singh v. State of Punjab (2014) 6 SCC 466, continuation held an exercise in futility — FIR and all proceedings emanating therefrom quashed; petition allowed and disposed of with pending applications.

$~26

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 511/2026

AARUSH TEWATIA .....Petitioner Through: Mr. Faiz Imam, Advocate with petitioner in person.

versus

STATE OF N.C.T. OF DELHI AND ANOTHER .....Respondent Through: Mr. Raghuinder Verma, APP for the State with Mr. Dinesh Kumar and Mr.Ashish Mahani, Advocates alongwith the Investigating Officer. Respondent No.2 in person.

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 17.03.2026

By virtue of the present petition under Section 482 of the Code Of Criminal Procedure, 1973 ( Cr.P.C. ) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, ( BNSS ), the petitioner seeks quashing of the FIR No.0909/2017 dated 07.12.2017 registered at PS: Mehrauli, Delhi under Sections 324/341/34 of the of the Indian Penal Code, 1860 ( IPC ) and all proceedings emanating therefrom, in view of the oral settlement arrived at between the petitioner and the respondent no.2.

The present petition is also accompanied by affidavit of the petitioner and No-Objection-Certificate/ affidavit of respondent no.2, along with proofs of their identities respectively. 3. Issue Notice. Learned APP for the State accepts notice and objects

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 19/03/2026 at 12:39:44

to the quashing of the aforesaid FIR. He has handed over the Status Report in terms of the last order, which is taken on record.

Respondent no.2, appearing in person, also accepts notice and affirms the oral settlement arrived inter se the parties and submits that he has voluntarily settled all his disputes with the petitioner, and does not wish to pursue the present criminal proceedings against him. As such, respondent no.2 submits that he has no objection if the aforesaid FIR is quashed.

The petitioner and the respondent no.2, appearing in person, as well as their credentials, as on record, have been duly identified by the Investigating Officer.

Though, the State, based on the Status Report, has opposed the present quashing sought by the private parties, however this Court, upon an overall consideration of the facts and circumstances is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS since an oral settlement has already been voluntarily arrived at between the parties and the present petition is accompanied by the affidavit(s) of the parties qua the aforesaid effect, to which the parties shall remain bound. Moreover, the petitioner is a first time offender aged about 29 years, and is having his entire life ahead of him. He is currently residing with his dependent mother after the demise of his father. Similarly, the respondent no. 2 is also aged about 30 years, with a young child, and is engaged in business with his mother. They both submit that they do not wish to continue with the present FIR and want to proceed ahead with their respective lives.

As such, following the law laid down by the Hon’ble Supreme

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 19/03/2026 at 12:39:44

Court in 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.0909/2017 dated 07.12.2017 registered at PS: Mehrauli, Delhi under Sections 324/341/34 IPC as also all other proceedings emanating therefrom are hereby quashed. 9. As such, the present petition is disposed of along with the pending application (s), if any, in the aforesaid terms.

SAURABH BANERJEE, J

MARCH 17, 2026/NA

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 19/03/2026 at 12:39:44