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Birender Kumar vs. State NCT of Delhi and Anr.

Criminal Miscellaneous Case · 2026:DHC:8816Decided 6 Oct 2026New Delhi Bench
CRL.M.C. 7479/2026CNR: DLHC010480612026
Justice Ravinder Dudeja

Background

The complainant alleged that the petitioner, a co-worker, repeatedly stalked, followed and contacted her despite her refusal, visited her residence, and on occasion touched her inappropriately, leading to an FIR under Sections 354(D)/354(A)/509 IPC and a chargesheet. During the proceedings, the parties signed a Memorandum of Understanding (18.08.2026) in which the petitioner tendered an unconditional apology.

Decision Breakdown

The complainant confirmed the settlement was voluntary and had no objection to quashing; citing Gian Singh v. State of Punjab, the Court held continuing the prosecution would serve no purpose given the private, settled nature of the dispute, and quashed the FIR and all consequential proceedings.

Lesson Learnt

Even offences touching on a woman's safety (stalking/harassment) can be quashed on a genuine settlement where the complainant herself confirms she no longer wishes to pursue the case, though courts scrutinise such settlements carefully given the sensitivity of the allegations.

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