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Dinesh Chand Upadhyay & Ors. vs. State/NCT of Delhi & Ors.

Criminal Miscellaneous Case · 2026:DHC:8489Decided 29 Sept 2026New Delhi Bench
CRL.M.C. 5738/2026CNR: DLHC010361852026
Justice Girish Kathpalia

Background

Petitioners sought quashing of FIR No. 330/2019 (PS Kanjhawala) under Sections 323/354/354B/506/509/34 IPC on the ground that the complainant and another respondent had compromised the dispute. The FIR alleged the petitioners abused the complainant in filthy language, threatened sexual violence with an object, hit her, and tore her clothing.

Decision Breakdown

As in a companion case from the same police station decided the same day, the Court noted the prosecutrix had already been chief-examined at trial and had fully supported the prosecution case. Applying the same Supreme Court precedents (Narender Singh; Anand Kumar @ Sanjay Lalwani), the Court held the FIR could not be quashed on the basis of a private compromise given the gravity of the allegations and the victim's trial testimony. The petition was dismissed.

Lesson Learnt

Courts will not permit a private settlement to extinguish criminal proceedings for serious sexual offences once the complainant has already testified in support of the prosecution at trial.

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