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CDJ 2026 DHC 006 print Preview print print
Court : High Court of Delhi
Case No : W.P.(CRL). No. 4174 of 2025
Judges: THE HONOURABLE MS. JUSTICE NEENA BANSAL KRISHNA
Parties : Tenzin Youten & Another Versus The State Of NCT Of Delhi & Another
Appearing Advocates : For the Petitioners: Rajeev Kumar, Priya Singh, Advocates. For the Respondents: Sanjay Lao, Standing Counsel, Jitendra Tomar, Advocate.
Date of Judgment : 17-12-2025
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 -
Judgment :-

1. Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') (old Section 482 of the Code of Criminal Procedure, 1973), has been filed on behalf of the Petitioners, for quashing of FIR No. 349/2025 under Section 115(2)/126(2)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 'BNS'), registered at Police Station Timarpur, Central District, Delhi and the consequential proceedings emanating therefrom, in terms of the Settlement dated 03.12.2025.

2. Issue Notice.

3. On advance Notice, learned Standing Counsel (Crl.) has appeared and accepted the Notice on behalf of the State.

4. The Complainant submits that she is an event Manager and on the date of incident, the Petitioners, who were under the influence of alcohol, assaulted her and wanted her to dance with them, on account of which, the FIR No.349/2025 under Section 115(2)/126(2)/74/3(5) of BNS, got registered at Police Station Timarpur, Central District, Delhi.

5. Due to the intervention of common friends and well-wishers of all the parties, the Petitioners and the Respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement vide Memorandum of Settlement (MOU) dated 03.12.2025. In the Settlement, it was inter alia settled between the parties that they shall live peacefully in future and shall not file any complaint or proceedings of any nature against each other.

6. Today, the Respondent No. 2, who is present in the Court, states that she has no objection if the said FIR is quashed.

7. The parties are present before this Court in-person today, and have been identified by their Counsel and Investigating Officer concerned and they have entered into the Settlement voluntarily and without any fear and coercion and undertake to remain bound by the terms of the said Settlement.

8. It is unfortunate that in every FIR under Section 354, typically the words "haath mara" is being written, which is not being endorsed by the Complainant. It is gross misuse of the Law and requires introspection at the level of the Police Stations.

9. Considering the nature of the allegations and that they have settled the matter, the FIR No. 349/2025 under Section 115(2)/126(2)/74/3(5) of BNS, registered at Police Station Timarpur, Central District, Delhi and all the consequential proceedings emanating therefrom are quashed.

10. Copy of this Order be sent to DCP to ensure that no conjured averments not stated by the Complainant, are inserted on the Complaint.
 
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