Delhi High Court – Orders
Siddhant Sahni vs State Of Nct Of Delhi And Anr on 19 August, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5434/2025
SIDDHANT SAHNI .....Petitioner
Through: Mr. Tejasva Mehra, Mr. Priyanshu
Dubey, Advocates with Petitioner in
person
versus
STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Hemant Mehla, APP for the State
with Insp. Priyanka, PS Crime Branch
Sunlight Colony
SI Lokesh Kumar, PS New Friends
Colony
Ms. Ratna Aggarwal, Advocate for R-
2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 19.08.2025
1. The present petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (earlier Section 482 of the Code of Criminal
Procedure, 1973) seeks quashing of FIR No. 206/2023 dated 27th June, 2023,
registered at P.S. New Friends Colony for the offences under Sections 376,
323 and 506 of the Indian Penal Code, 1860,1 and all the proceedings
emanating therefrom.
2. The case of the Prosecution emanates from a complaint filed by
Respondent No. 2, alleging that she met the Petitioner through a dating
1
“IPC”
CRL.M.C. 5434/2025 Page 1 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57
application in May 2021, following which they entered into a relationship
and wanted to get married. The Complainant has alleged that after about six
months, the Petitioner began to make excuses and eventually refused to
marry her. The Complainant agreed to give him time, as she was mentally,
physically, and emotionally invested in the relationship. However, when the
Petitioner continued to avoid commitment, she considered ending the
relationship. At that stage, the Petitioner began to blackmail her using an
objectionable video recording. It is alleged that when the Complainant
confronted him, the Petitioner allegedly sexually assaulted her. She further
states that she became pregnant during the course of the relationship and that
the Petitioner pressurised her into undergoing an abortion. This complaint
culminated into the registration of the subject FIR. Subsequently, in her
statement recorded under Section 161 of the Cr.P.C, the Complainant also
levelled allegations of forcible unnatural sex against the Petitioner. Upon
completion of investigation, the chargesheet was filed under Sections 313,
323, 376, 377 and 506 of the IPC.
3. The parties now state that they have amicably resolved all their
disputes and differences. Respondent No. 2 has decided not to pursue the
subject FIR. Pursuant thereto, a Memorandum of Understanding dated 1st
August, 2025 executed between the Petitioners and Respondent No. 2, has
been placed on record and perused by the Court. As per its terms, the parties
have amicably resolved their disputes and differences.
4. The Complainant has supported the Petitioner’s prayer for quashing
of the FIR and has filed an affidavit stating that she has no objection to the
same. In the said affidavit, she has categorically stated that her relationship
with the Petitioner was consensual and that she was emotionally involved
CRL.M.C. 5434/2025 Page 2 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57
with the Petitioner. She has further denied any incident of physical assault or
abuse, as well as any coercion regarding the abortion. She has also affirmed
that there are no objectionable videos or photographs in the possession of
the Petitioner. Taking note of these assertions, this Court, on 11 th August,
2025, passed the following order:
“1. The present petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 20232 (earlier Section 482 of the Code of Criminal
Procedure, 19733) seeks quashing of FIR No. 206/2023 dated 27th
June, 2023, under Sections 376, 323 and 506 of the Indian Penal
Code, 18604, registered at P.S. New Friends Colony and all the
proceedings emanating therefrom. This request is made in light of the
settlement arrived at between the parties, as evidenced by
Memorandum of Understanding dated 1st August, 2025.
2. The chargesheet stands filed, whereunder the Petitioner has
been charge-sheeted for the offences under Sections
313/323/376/377/506 of the IPC.
3. In light of the grave and serious allegations contained in the
FIR, the Court has sought clarification from the Complainant
regarding the veracity of her claims and has also perused her
affidavit, giving no objection to the quashing of the subject FIR. In the
affidavit, the Complainant has unequivocally stated that she and the
Petitioner, as two consenting adults, were involved in an emotional
and physical relationship for a period of two years. She has further
categorically stated that there was no incident of physical assault or
abuse by the Petitioner. Additionally, she has confirmed that she was
not coerced by the Petitioner into undergoing an abortion, and that
there are no objectionable photographs or videos of her in the
Petitioner’s possession. According to her affidavit, the FIR was
registered due to certain misunderstandings.
4. It is further noted that the chargesheet invokes Section 377 of
the IPC. This provision appears to have been included in light of the
Complainant’s statement recorded under Section 161 of the Cr.P.C.
However, while the Complainant’s Section 161 statement indicates
that she was subjected to forcible unnatural sexual acts when the
Petitioner was under the influence of alcohol, she has, in response to
a query from the Court, stated that the act was consensual. In view of
this statement, let an affidavit clarifying the Complainant’s stand2
“BNSS”
3
“Cr.P.C.”
4
“IPC”
CRL.M.C. 5434/2025 Page 3 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57
regarding the allegations pertaining to Section 377 IPC, be filed
within one week from today.
5. Re-notify on 19th August, 2025.”
5. In compliance with the directions issued on the previous date, an
affidavit has been filed by Respondent No. 2, wherein she has categorically
stated that the Petitioner did not engage in any act of unnatural sex with her.
She has further stated that, on one occasion, both parties consensually
explored such intimacy, but discontinued thereafter. A copy of the affidavit
has been handed over across the Board, and is taken on record.
6. Respondent No. 2, who is present in Court today and has been duly
identified by the Investigating Officer, confirms the statements made before
this Court on 11th August, 2025, as well as those set out in the affidavit filed
today. She has unequivocally expressed her intention not to pursue the
present proceedings. She submits that she now wishes to move on with her
life and is looking for a suitable matrimonial match. She further states that
the continuation of the present proceedings, initiated due to
misunderstandings, would cause her further trauma and disturb her peace of
mind and emotional well-being.
7. The Court has considered the afore-noted facts. The offences under
Sections 313, 376 and 377 of the IPC are non-compoundable while offences
under Sections 506 and 323 of the IPC are compoundable in certain cases.
Notably, the offences under Sections 376 and 377 of the IPC are serious and
heinous offence. The Court is conscious that such charges cannot ordinarily
be quashed on the basis of a settlement between the parties. However, in
appropriate and exceptional circumstances, Courts have exercised their
inherent jurisdiction to quash criminal proceedings, where the factual matrix
CRL.M.C. 5434/2025 Page 4 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57
and the interest of justice so warranted.
8. In this regard, it is apposite to refer to the judgement of the Supreme
Court in Kapil Gupta v. State of NCT of Delhi,5 wherein the Court, while
quashing an FIR and consequential proceedings where the accused had been
charged with offence under Section 376 of the IPC, observed as under
“13. It can thus be seen that this Court has clearly held that though
the Court should be slow in quashing the proceedings wherein
heinous and serious offences are involved, the High Court is not
foreclosed from examining as to whether there exists material for
incorporation of such an offence or as to whether there is sufficient
evidence which if proved would lead to proving the charge for the
offence charged with. The Court has also to take into consideration as
to whether the settlement between the parties is going to result into
harmony between them which may improve their mutual relationship.
14. The Court has further held that it is also relevant to consider as to
what is stage of the proceedings. It has been observed that if an
application is made at a belated stage wherein the evidence has been
led and the matter is at the stage of arguments or judgment, the Court
should be slow to exercise the power to quash the proceedings.
However, if such an application is made at an initial stage before
commencement of trial, the said factor will weigh with the court in
exercising its power.”
9. In view of the peculiar facts of the present case, the Court has
interacted with Respondent No. 2, who, assisted by her counsel, has deposed
voluntarily, fully conscious of her legal rights. She is completely aware of
the nature and implications of the statements made before the Court. Her
stand is neither ambiguous nor inconsistent. Throughout her interaction with
the Court, she has maintained that she does not support the Prosecution’s
case, that her relationship with the Petitioner was entirely consensual, there
was no incident of physical assault, and that the FIR came to be lodged due
to a misunderstanding on her part.
5
2022 SCC OnLine SC 1030.
CRL.M.C. 5434/2025 Page 5 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57
10. In light of the above developments, and notwithstanding the fact that
the offences involved are grave and serious in nature, this Court is of the
opinion that, having regard to the nature of the allegations in the FIR and the
chargesheet, as well as the unequivocal stand taken by the Prosecutrix
before the Court, the request for quashing merits consideration. The
likelihood of the FIR culminating in a conviction appears remote,
particularly in view of Respondent No. 2’s clear and consistent expression
of her unwillingness to pursue the matter any further. In the considered view
of the Court, the continuation of the criminal proceedings would serve no
useful purpose and would only result in unnecessary and prolonged
litigation. On the contrary, quashing the proceedings would advance the
cause of justice and bring quietus to the matter.
11. However, considering that the State Machinery was put in motion, the
ends of justice will be served if the Petitioner is put to certain cost.
12. In view of the foregoing, the present petition is allowed and FIR No.
206/2023, registered at P.S. New Friends Colony and all the proceedings
emanating therefrom are hereby quashed, subject to payment of a cost of
INR 15,000/- by the Petitioner to the Delhi Police Welfare Fund, within a
period of four weeks from today. The proof of payment of cost be submitted
with the concerned IO.
13. The parties shall remain bound by the terms of settlement.
14. Accordingly, the petition is disposed of along with pending
application(s).
SANJEEV NARULA, J
AUGUST 19, 2025/ab
CRL.M.C. 5434/2025 Page 6 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/08/2025 at 21:50:57