In a petition filed before the Delhi High Court under Article 226 of the Constitution, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for quashing a First Information Report (FIR) under Sections 115(2)/126(2)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 and its proceedings in accordance with the settlement dated 03-12-2025, a Single Judge Bench of Justice Neena Bansal Krishna quashed the FIR and consequential proceedings while noting that inclusion of words not endorsed by the complainant in the complaint is gross misuse of law.
On the date of the incident, the petitioners, influenced by alcohol, assaulted the complainant, who was an event manager, and asked her to dance with them. This occurrence led to the registration of the subject FIR. Thereafter, through the intervention of mutual friends and well-wishers of both parties, they reached a settlement through a Memorandum of Settlement, under which the parties agreed to live peacefully and not file any complaint against each other.
The Court found it unfortunate that in every FIR under Section 354 of the IPC, the words “haath mara” were being written, which is not endorsed by the complainant. The Court stated that this was a gross misuse of the law and that police stations should engage in introspection.
The Court considered the nature of the allegations, as well as the fact that the parties had settled the matter, and hence quashed the said FIR and all proceedings related to it.
Lastly, the Court directed that a copy of the order be sent to the DCP to ensure that any assertions not made by the complainant are not inserted into the complaint.
Appearances:
For Petitioners – Mr. Rajeev Kumar, Ms. Priya Singh
For Respondents – Mr. Sanjay Lao, Mr. Jitendra Tomar
