High CourtsSingle Bench(2026) 09 DEL CK 5807

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

Delhi High Court, New Delhi · Decided on 29 September 2026

HON’BLE JUDGES
Girish Kathpalia, J
RESULT
Dismissed
CASE NUMBER
CRL.M.C. 5738/2026

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Judgment

5 paragraphs · 235 words
1.

Petitioners seek quashing of case FIR No. 330/2019 of PS Kanjhawala for offence under Section 323/354/354B/506/509/34 IPC on the ground that the complainant de facto (respondent no.2) and respondent no.3 have compromised the disputes with the petitioners.

2.

At the outset, learned APP for State submits that in this case, the prosecutrix has already been chief examined before the trial court and she has fully supported prosecution, so in view of law laid down by the Hon’ble Supreme Court in the case of Narender Singh and Others vs State of Punjab and Another, (2014) 6 SCC 466, the subject FIR cannot be quashed.

3.

Besides that, even the allegations mentioned in the subject FIR are quite heinous and allege disgusting sexual misconduct on the part of the petitioners, who not just abused the respondent no. 2 in filthy language but even threatened to insert a danda in her private parts and hit her breasts and tore away her kurta and tried to break elastic of her lower garment.

4.

As mentioned above, the prosecutrix has already been chief examined before the trial court and she has supported the prosecution case.

5.

That being so, in view of law laid down in the cases of Narender Singh (supra) and Anand Kumar @ Sanjay Lalwani vs The State of Madhya Pradesh & Ors., SLP (CRL.) No. 19051/2025 decided on 31.08.2026, the subject FIR cannot be quashed.