SHABAB ALAM vs STATE GOVT OF NCT OF DELHI & ANR.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 9th February, 2026 + CRL.M.C. 1093/2026&CRL.M.A. 4339/2026 SHABAB ALAM .....Petitioner Through: Mr. Kunwar Tyagi, Advocate. versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP with SI Neha and SI Sujata. Mr. Harshit Aggarwal and Ms. Muskan Gupta, Advocates for R-2 . CORAM: HON’BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein seek quashing of FIR No. 669/2021 dated 24.12.2021, registered at Police Station Jafrabad, for commission of offences under Sections 376 and 354 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. 2. Though the charge-sheet was filed for commission of offence under Section 376 IPC also, fact remains that the learned Court of Sessions, vide order on charge dated 04.11.2023, came to the conclusion that no offence under Section 376 was revealed and the allegations pertained to commission of offences under Section 354-A and 323 IPC, which were triable by the Court of Magistrate. 3. Thereafter, the charges have been framed and the case is now fixed for prosecution. 4. Copy of such order dated 04.11.2023 has also been placed on record. 5. The quashing is being sought on the basis of an oral settlement between Signature Not Verified Signed By:SONIA CRL.M.C. 1093/2026 1 THAPLIYAL Signing Date:11.02.2026 10:28:17 the parties. 6. Respondent No.2 is present with her counsel and submits that she has voluntarily entered into settlement with the petitioner and does not want to prosecute the present criminal matter and would have no objection if the FIR in question is quashing. 7. IO is present and identifies respondent No.2. 8. In view of the settlement arrived a