Shubham Singh v. The State NCT of Delhi

Delhi High Court · 02 Jul 2026 · 2026:DHC:5358
Manoj Jain
CRL.M.C. 4499/2026
2026:DHC:5358
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed an FIR under Section 69 BNS based on the parties' amicable settlement through marriage, exercising inherent powers under Section 528 BNSS to prevent abuse of process and protect matrimonial harmony.

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CRL.M.C. 4499/2026 1
HIGH COURT OF DELHI
Date of Decision: 02nd July, 2026
CRL.M.C. 4499/2026 & CRL.M.A. 18564/2026
SHUBHAM ALIAS SHUBHAM SINGH.....Petitioner
Through: Mr. Md. Furkan, Mr. Tarunjeet Singh, Mr. Harish Kumar, Advocates.
VERSUS
THE STATE NCT OF DELHI AND ANR. .....Respondent
Through: Mr. Raj Kumar, APP.
R-2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner herein seeks quashing of FIR No. 91/2026 dated 24.03.2026, registered at Police Station Maurya Enclave, for commission of offence under Section 69 of Bharatiya Nyaya Sanhita (BNS), along with all consequential proceedings arising therefrom, on the basis of settlement between the parties.

2. The abovesaid FIR was registered on the basis of complaint made by respondent No.2 in which she claimed that she knew the petitioner for last several years. She claimed that she entered into physical relationship with him and such relationship was based on his promise to marry her. However, since he refused to marry her, she got the abovesaid FIR registered.

3. Charge-sheet has already been filed for commission of offence under Section 69 of Bharatiya Nyaya Sanhita (BNS).

4. Respondent no. 2 is present in-person and submits that the abovesaid FIR has been registered on account of some confusion and under some CRL.M.C. 4499/2026 2 unavoidable circumstances. She submits that she has married the petitioner on 10.04.2026 already, at Arya Samaj Mandir. Certificate of marriage issued by Arya Samaj Marriage Vedic Trust, Sector 14, Rohini, Delhi has also been shown during the course of consideration. The original certificate has been seen and returned. Copy, thereof, has been retained on record.

5. She also states that with the intervention of common friends and relatives, both of them have entered into settlement as recorded in Memorandum of Understanding (MoU) dated 10.04.2026 and have been able to resolve all their disputes and differences and are now enjoying blissful marital life together.

6. It is in the abovesaid backdrop that quashing is being sought.

7. Respondent No. 2 states that she has entered into the abovesaid settlement out of her own free will, without any coercion and influence from any corner whatsoever. She states that she was under some impression that the petitioner did not, at all, want to marry her and based on such assumption, she got the FIR registered, in somewhat haste. However, since the marriage has already taken place and she is living happily with him, she is left with no grievance, and would, therefore, have ‘no objection’ if the present FIR is quashed.

8. She also states that petitioner did not commit any offence and he only wanted the marriage to take place, once he was fully settled. She submits that she has also completed her law and they both are now well-settled.

9. Mother of the respondent No.2 is also present and when asked, she also reiterates the same. She states that the marriage, which took place on 10.04.2026, was with the approval and blessings of the family members of both the sides. CRL.M.C. 4499/2026 3

10. Learned counsel for the petitioner prays that since the parties have already got married, continuation with the present criminal proceedings would spoil their matrimonial life and in order to ensure that they live happily, without any hanging sword of the present criminal case on their heads, the present FIR be quashed.

11. Reference be made to order dated 12.03.2024 passed by this court in Abu Bakar v. The State NCT of Delhi & Anr. in W.P.(CRL.) 782/2024, where in a similar factual matrix, where the prosecutrix had come up with allegation of her being sexually assaulted on the pretext of marriage and later got married to the accused, the proceedings were quashed observing that the consistent categorical stance of complainant was clear and that she did not want to pursue her FIR as she had amicably settled the matter and was living happily with her husband/accused. Reference was also made to judgments of this Court in Parmanand Mishra & Anr. v. The State NCT of Delhi & Anr., CRL.M.C. 3076/2021, decided on 05.08.2022 and Vikas Kumar & Ors. v. The State & Anr., CRL.M.C. 1054/2021, decided on 11.01.2022.

12. Reliance be also made to Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303.

13. 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.

14. Consequently, to secure the ends of justice, FIR No. 91/2026 dated 24.03.2026, registered at Police Station Maurya Enclave, for commission of offence under Section 69 of Bharatiya Nyaya Sanhita (BNS), along with all consequential proceedings arising therefrom, is, hereby, quashed.

15. Original affidavits of the parties alongwith original MoU be submitted CRL.M.C. 4499/2026 4 to the learned Trial Court within two weeks.

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16. The petition stands disposed of in aforesaid terms.

17. Pending application also stands disposed of.

JUDGE JULY 2, 2026/sw/sa