Delhi High Court

FIR Under Section 69 BNS Quashed Following Marriage and Amicable Settlement Between Parties

Shubham Alias Shubham Singh vs The State Nct Of Delhi And Anr.

Delhi High CourtJUDGMENT: July 02, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner sought the quashing of FIR No. 91/2026 registered at P.S. Maurya Enclave under Section 69 of the Bharatiya Nyaya Sanhita (BNS).

Source reference: para 1

The Complainant (Respondent No. 2) initially alleged that the Petitioner entered into a physical relationship with her based on a promise to marry, which he subsequently refused.

Source reference: para 2

Following the filing of the charge-sheet, the parties reached a settlement through a Memorandum of Understanding (MoU) dated 10.04.2026.

Source reference: para 5

Respondent No. 2 stated that the FIR was registered due to "confusion" and "haste" under the mistaken impression that the Petitioner would not marry her.

Source reference: paras 4 & 7

The parties subsequently married on 10.04.2026 at Arya Samaj Mandir with family approval and are currently living together.

Source reference: paras 4, 5 & 9
02

Issues

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings for an offence under Section 69 BNS when the parties have subsequently married and settled their disputes.

Source reference: para 1, 10-11
03

Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Source reference: para 13

Gian Singh v. State of Punjab & Anr. (2012) 10 SCC 303 regarding the quashing of proceedings to secure the ends of justice.

Source reference: para 12

Abu Bakar v. The State NCT of Delhi & Anr. (W.P.(CRL.) 782/2024), which held that FIRs alleging sexual assault on the pretext of marriage may be quashed if the parties amicably settle and marry.

Source reference: para 11

Section 69 of the Bharatiya Nyaya Sanhita (BNS), which penalizes sexual intercourse on the basis of a deceitful promise to marry.

Source reference: para 1, 3
04

Reasoning

The Court reasoned that since the Complainant and the Petitioner had already married and were "enjoying blissful marital life," continuing the criminal proceedings would prove counterproductive.

Source reference: para 5, 10

The Court observed that the Complainant’s stance was categorical: the FIR was a result of a misunderstanding, and she no longer held any grievances against the Petitioner.

Source reference: para 7-8

Following the logic in Abu Bakar, the Court determined that the hanging "sword" of a criminal case would only serve to "spoil their matrimonial life" rather than serve the interests of justice.

Source reference: para 10-11

By verifying that the settlement was entered into voluntarily and with family blessings, the Court found it fit to intervene under Section 528 BNSS to ensure the parties' continued domestic harmony.

Source reference: para 7, 9, 13
05

Holding

The Court answered the issue in the affirmative, holding that quashing the FIR was necessary to secure the ends of justice and protect the sanctity of the parties' marriage.

The Court ordered the quashing of FIR No. 91/2026 and all consequential proceedings arising therefrom. The Petitioner was directed to submit the original affidavits and MoU to the Trial Court within two weeks.

Source reference: para 14-16
Delhi High Court

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Shubham Alias Shubham SinghvsThe State Nct Of Delhi And Anr.

Delhi High Court · July 02, 2026

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