Manish Sharma v. The State NCT of Delhi and Ors

Delhi High Court · 06 Jul 2026 · 2026:DHC:5436
Manoj Jain
W.P.(CRL) 1899/2026
2026:DHC:5436
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under the Bharatiya Nyaya Sanhita based on an amicable settlement and refund in a private dispute, exercising inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Full Text
Translation output
W.P.(CRL) 1899/2026 1
HIGH COURT OF DELHI
Date of Decision: 06th July, 2026
W.P.(CRL) 1899/2026 & CRL.M.A. 18954/2026
MANISH SHARMA .....Petitioner
Through: Mr. Paras Sharma, Advocate along with petitioner-in-person
VERSUS
THE STATE NCT OF DELHI AND ORS .....Respondents
Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates for R-1/State
Mr. Vishal Bhardwaj and Ms. Kajal Keshwani, Advocates for R-2 & R-2 along with R-2 & R-3 in person
HC Rohit with SI Nakul, PS Cyber, NWD
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioners herein seek quashing of FIR No. 00109/2026 dated 10.04.2026, registered at Police Station Cyber North West for commission of offences under Sections 308/318(4)/319 of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 383/420/416 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. Respondent No. 2 is maintaining a bank account with Canara Bank, Ashok Vihar Branch, New Delhi. There were multiple transactions in her said account and a sum of Rs. 4,44,859/- was debited from said account and, W.P.(CRL) 1899/2026 2 therefore, the aforesaid FIR was registered. FIR was registered on the basis of complaint made by her son i.e. respondent no. 3.

3. Quashing is being sought on the basis of amicable settlement. It is also apprised by learned counsel for petitioner that there was no criminality in the transactions as above and the son of the complainant wanted to avail certain services related to astrological consultancy and the payment had been made for the aforesaid purpose only. He submits that the entire amount has already been duly refunded to the mother of the complainant and, therefore, quashing is being sought.

4. R-2 & R-3 are present in Court and their counsel has joined the proceedings through videoconferencing. Investigating officer is present in Court and respondent Nos. 2 & 3 have been duly identified by their counsel as well as by the investigating officer.

5. When asked, respondent No. 2 submitted that she had no knowledge that her son was taking any consultancy service with respect to astrology and since her son was having login credentials of her bank account, he transferred such amount. She also states that there is no element of fraud involved here and the amount has already been refunded to her. She submits that matter has been amicably settled between the parties and MoU has also been drawn in this regard. Respondent No. 2 reiterates the terms of the settlement and submits that her such settlement may be assumed to be for herself and also on behalf of her minor son.

6. During course of the arguments, learned Addl. Standing Counsel (Crl.), on instructions from the investigating officer, submitted that investigation is already over and charge-sheet is likely to be filed very shortly. She, however, on instructions, acknowledges the fact that the entire amount has W.P.(CRL) 1899/2026 3 already been duly refunded to the complainant side. She leaves it to the Court to pass appropriate order in this regard.

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 and therefore, she would have ‘no objection’ if eFIR in question is quashed.

8. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when the dispute does not involve any public interest and is, primarily, private in nature.

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, of FIR No. 00109/2026 dated 10.04.2026, registered at Police Station Cyber North West for commission of offences under Sections 308/318(4)/319 of Bharatiya Nyaya Sanhita, 2023 (corresponding Sections 383/420/416 IPC), along with all consequential proceedings arising therefrom, is hereby quashed.

11. Original affidavits of the parties, copies of which have been placed on record in the present proceedings, shall be submitted before the concerned SHO/IO within two weeks, so that these become part of the record.

12. The petition stands disposed of in aforesaid terms.

13. Pending application also stands disposed of in aforesaid terms.

JUDGE JULY 6, 2026/dr/sy