Mohit Yadav v. State NCT of Delhi & Anr.

Delhi High Court · 05 May 2026 · 2026:DHC:3971
Manoj Jain
CRL.M.C. 3476/2026
2026:DHC:3971
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 380 IPC based on a compromise between parties and exercised its inherent powers under Section 528 BNSS 2023, subject to cost deposit.

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CRL.M.C. 3476/2026 1
HIGH COURT OF DELHI
Date of Decision: 05th May, 2026
CRL.M.C. 3476/2026
MOHIT YADAV .....Petitioner
Through: Mr. Vignaraj Pasayat, Advocate (DHCLSC) with Mr. Naman Aggarwal and Mr. Eishan, Advocates with petitioner in person.
VERSUS
STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Sunil Kumar Gautam, APP for the State with SI Ankit Sagar, PS Neb
Sarai.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)
CRL.M.A. 14098/2026 (exemption)
Exemption allowed subject to all just exceptions.
CRL.M.C. 3476/2026

1. Petitioner herein seeks quashing of FIR No.SD-NS-000228 dated 04.05.2023, registered at e-Police Station (Neb Sarai, South District), for commission of offence under Section 380 IPC, along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. As per the allegations appearing in the abovesaid FIR, the petitioner and respondent No.2 came in contact of each other through one dating CRL.M.C. 3476/2026 2 application known as ‘Happn’. They both met each other at the residence of respondent No.2 and on the date of such meeting, which took place on 04.05.2023, the petitioner herein took away her mobile phone. When the matter was reported to police, it resulted in registration of e-FIR for commission of offence under Section 380 IPC.

3. Charge-sheet has already been filed and subsequently, offence under Section 411 IPC was added. Trial is underway but the complainant has, so far, not entered into witness box.

4. In the interregnum, both the parties have sorted out the matter and have drawn a Memorandum of Understanding (MoU) executed on 03.12.2025. Admittedly, the phone in question has already been recovered and has already been handed over to respondent No.2 on Superdari.

5. Both the sides are present in Court today and the petitioner, during the Court proceedings, has also apologized to respondent No.2 for the act in question.

6. When asked, respondent No.2 submits that as per the terms of abovesaid settlement, the petitioner has agreed to compensate her and has already paid her a sum of Rs.30,000/-. She submits that she has already forgiven him and, therefore, she is not interested in pursuing the FIR in question and would have ‘no objection’ if present FIR is quashed. She submits that she has entered into settlement out of her own free will, without any coercion and influence from any corner whatsoever. Her affidavit to abovesaid effect has also been placed on record.

7. The Investigating Officer is present in Court and when asked, it was informed that there is no other involvement of any kind whatsoever, and this happens to be the first infraction of law by the petitioner herein, who is, CRL.M.C. 3476/2026 3 reportedly, 25 years of age.

8. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially.

9. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

10. Consequently, to secure the ends of justice, FIR No.SD-NS-000228 dated 04.05.2023, registered at e-Police Station (Neb Sarai, South District), for commission of offence under Section 380 IPC, for commission of offences under Section 380 IPC, along with all consequential proceedings arising therefrom, is, hereby, quashed subject to petitioner depositing total cost of Rs. 10,000/- in the account of NDBA Members Welfare fund Account [Acc No. 18580110013847, IFSC Code UCBA0001858, UCO Bank, Patiala House] within eight weeks from today.

11. The next date of hearing before the learned Trial Court is stated to be 13.08.2026. Proof of deposit of cost, Original Memorandum of Understanding executed on 03.12.2025, as well as original affidavit of respondent No.2, shall be submitted before the learned Trial Court on or before the said date of hearing.

12. The present petition stands disposed of in aforesaid terms.

JUDGE MAY 5, 2026 st/sa