$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1024/2026, CRL.M.A. 4012/2026, CRL.M.A.

4013/2026 ANKIT SANKHWAR .....Petitioner Through: Ms. Sindhu, Mr. Hitender Sukharmal and Mr. Aparbal Singh, Advs. alongwith petitioner in person. Versus STATE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Satish Kumar, APP with Ms.

Upasna Bakshi, Advocate and SI Monika, PS.: Jagat Puri.

Mr. Virender Lohia and Mr. Prashant Kumar, Advs. for R-2 alongwith R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 06.02.2026

1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner seeks quashing of FIR No.165/2022 dated 14.02.2022 registered at PS.: Jagatpuri, Delhi under Sections 376/313/506 of the Indian Penal Code, 1860 (IPC) and all other proceedings emanating therefrom in view of the Memorandum of Understanding dated 13.12.2025 arrived at between the petitioner and respondent no.2.

2. The present petition is accompanied by the Memorandum of Understanding dated 13.12.2025 [Annexure P4] and is also supported by affidavits of the petitioner and of respondent no.2, alongwith proofs of their respective identities.

3. Issue Notice.

4. Learned APP for the State accepts notice. He records his objections to the quashing of the FIR No.165/2022 dated 14.02.2022.

5. Learned counsel for the respondent no.2 also accepts notice. Respondent no.2, present in Court, confirm the Memorandum of Understanding dated 13.12.2025 and submits that she has voluntarily settled all her disputes with the petitioner. Respondent no.2 further states that she does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the FIR No.165/2022 dated 14.02.2022.

6. Further, the petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been identified by the Investigating Officer.

7. De hors the offences and/ or the Section(s) involved, particularly since the respondent no.2 is now a legally wedded wife of another man, and is residing with her husband and in laws at her matrimonial home, and as she has chosen to embark on a new journey, she seeks to bring to rest the past involved in the present FIR with an eye in the future. In view thereof, this Court has to consider the practical scenario, existing circumstances and the changes thereto, along with the age, the life, the future of the respondent no.2 and the implication(s), if any, the pendency of the present FIR is likely to have upon her and her future married life.

8. This Court has also to take into consideration that the respondent no.2 has voluntarily entered into a Memorandum of Understanding dated 13.12.2025 with the petitioner in the midst of pendency of the proceedings to put quietus to the matter, as also both the respondent no.2 has given her affidavit to that effect and, thus no longer inclined to support the case of the prosecution. As such, there is no reason for prolonging the trial and/ or continuing with the proceedings emanating from the present FIR.

9. Upon consideration of the existing peculiar facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR has been registered under Section(s) 376/313/506 of the IPC, this Court is inclined to quash the present FIR in exercise of its inherent powers under Section 528 of the BNSS, particularly whence in the opinion of this Court, the same is in the interest of justice and will also be in the interest of the parties and betterment of their future.

10. As such, in view of the settlement entered between the petitioner and the respondent no.2, they shall be bound by the terms therein as also in order to bring a quietus to the present disputes and following the law laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab & Anr.; (2012) 10 SCC 303 and