Delhi High Court
CRL.M.C./5738/2026 of DINESH CHAND UPADHYAY & ORS. Vs STATE/NCT OF DELHI & ORS. on 29 September 2026
5738/2026 Page 1 of 2 pages $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29.09.2026 # CNR No. DLHC010361852026 + CRL.M.C. 5738/2026 DINESH CHAND UPADHYAY & ORS. .....Petitioners Through: Mr. Ratnakar Maltiyar, Advocate versus STATE/NCT OF DELHI & ORS.
Page 1 of 2 pages
$~15
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of Decision: 29.09.2026
CNR No. DLHC010361852026
+
CRL.M.C. 5738/2026
DINESH CHAND UPADHYAY & ORS.
.....Petitioners
Through:
Mr. Ratnakar Maltiyar, Advocate
versus
STATE/NCT OF DELHI & ORS.
.....Respondents
Through:
Mr. Amit Ahlawat, APP for State
Mr. Adit Singh Verma, Advocate for
R2&3
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
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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 GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec4 5569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d155 70996b40f80cbd2eee60402c487965ff801e2 6fa, cn=GIRISH KATHPALIA Date: 2026.09.29 17:10:51 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:29.09.2026 17:10:34 Signature Not Verified
Page 2 of 2 pages 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.
6. Therefore, the petition is dismissed.
GIRISH KATHPALIA (JUDGE) SEPTEMBER 29, 2026/as GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff8 01e26fa, cn=GIRISH KATHPALIA Date: 2026.09.29 17:10:32 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:29.09.2026 17:10:34 Signature Not Verified