ANTONNETTE PROMILLA FERNANADEZ vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~P-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 13.02.2026 Pronounced on:03.03.2026 Uploaded on: 03.03.2026 + CRL.M.C. 7253/2025 ANTONNETTE PROMILLA FERNANADEZ .....Petitioner Through: Mr. Ravi Sharma, Ms. Srishti Sharma, Mr. Pulkit Luthra & Mr. Harshit Luthra, Advocates alongwith Petitioner in Person. versus STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hitesh Vali, APP for State with SI Harish Kumar, P.S. S.B. Dairy. Mr. Devansh Gupta, Advocate for R-2. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN JUDGMENT 1. The petitioner1, by way of this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [“BNSS”] (corresponding to Section 482 of the Code of Criminal Procedure, 1973 [“CrPC”]), seeks quashing of FIR No. 109/2019 dated 07.03.2019 registered at Police Station Shahbad Dairy, District Outer North, Delhi, under Section 308 of the Indian Penal Code, 1860 [“IPC”], on the ground of a compromise between her and respondent No.2 - complainant. 1 By order dated 13.02.2026, it was clarified that the name of the petitioner is ‘Ms. Antonette Pamela Fernandez’, and there is a typographical error in the petition where her name has been mentioned as ‘Antonnette Promilla Fernanadez’. Signature Not Verified Signed By:PARUL CRL.M.C. 7253/2025 Page 1 of 14 VASHIST Signing Date:03.03.2026 16:49:49 2. Notice was issued in this petition on 13.10.2025. The State has filed a status report, and respondent No. 2 has also filed a detailed reply. 3. I have heard Mr. Ravi Sharma, learned counsel for the petitioner, Mr. Hitesh Vali, learned Additional Public Prosecutor for the State, and Mr. Devansh Gupta, learned counsel for respondent No. 2. 4. This case arises in unusual circumstances. 5. The petitioner was an orphan, and was being looked after by the Missi