IN THE HIGH COURT OF DELHI AT NEW DELHI
VIJAY BANSAL VS. THE STATE (NCT OF DELHI) & ANR.
CRL.M.C. 1507/2026
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1507/2026, CRL.M.A. 6088/2026-Exp MOHD. JAHID .....Petitioner Through: Mr. Bharat Singh Tomar, Advocate with petitioner in person versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Raghuinder Verma, APP for the State with Mr. Aditya Vikram Singh and Ms. Upasna Bakshi, Advs.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
% 24.02.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the petitioner seeks quashing of the FIR No.0390/2016 dated 04.04.2016 registered at Aman Vihar under Sections 341/506/354(D) of the of the Indian Penal Code, 1860 (IPC) and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and all proceedings emanating therefrom, in view of the Memorandum of Understanding dated 02.02.2026 (MoU) arrived at between the petitioner and the respondent no.2. which is accompanied by affidavit(s) of the petitioner and of respondent no.2, alongwith proofs of their respective identities.
2. Issue Notice. Learned APP for the State accepts notice and objects to the quashing of the aforesaid FIR.
3. Respondent no.2, present in Court, also accepts notice and affirms the Memorandum of Understanding dated 02.02.2026. She submits that she has voluntarily settled all her disputes with the petitioner, and that she does not wish to pursue the criminal proceedings against the petitioner and has no objection if the present FIR is quashed.
4. De hors, the aforesaid MoU the petitioner volunteers to, within a period of one week, additionally pay a sum of Rs.75,000/- to the respondent no.2 directly into her bank account, details whereof are as under:
Account: 5748120669 IFSC: KKBK0000197 Bank: Kotak Mahindra Bank
5. The petitioner and the respondent no.2, present in Court, as well as their credentials, as on record, have been duly identified by the Investigating Officer.
6. Upon consideration of the existing facts and the overall events unfolding in their entirety, even though this Court is mindful that the present FIR No.0390/2016 dated 04.04.2016 has been registered under Sections 341/506/354(D) 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, since the respondent no.2 had entered into a settlement with the petitioner in the midst of pendency of the proceedings and has given her affidavit to the aforesaid effect and is thus no longer inclined to support the case of the prosecution as also since it will also be in the interest of the parties and betterment of their future. Even otherwise, the respondent no.2 is a young girl or marriageable age with a future prospect ahead and wishes to be gainfully employed with no fritters involved.
7. Under the peculiar facts and circumstances, especially since the present proceedings are involving the lives and liabilities of two young minds who have no prior and/ or subsequent antecedents and have a future ahead, as such following the law laid down by the Hon’ble Supreme 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 the present petition is allowed and FIR No.0390/2016 dated 04.04.2016 registered at Aman Vihar under Sections 341/506/354(D) of the IPC and and Section 12 of POCSO Act as also all other proceedings emanating therefrom are hereby quashed.
8. As such, the present petition is disposed of in the aforesaid terms.
SAURABH BANERJEE, J.
FEBRUARY 24, 2026/Ab
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