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High Court of DelhiW.P.(CRL)/96/2025

Siddhant Suresh Chandan v. State Of NCT Of Delhi & ANR.

2025-01-29Hon'Ble Mr. Justice Chandra Dhari Singh3 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 96/2025 SIDDHANT SURESH CHANDAN .....Petitioner Through:

Mr. Lokesh Ahlawat, Advocate versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC with Mr.

Ashvini Kumar and Mr. Rahul Kochar, Advocates for State along with SI Naveen Ms. Urvashi Bhatia, Advocate for RCORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 29.01.2025 CRL.M.A. 862/2025 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 96/2025 1.

The instant petition under Article 226 Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS) [(earlier Section 482 of the Code of Criminal Procedure, 1973(hereinafter "Cr.P.C.")] has been filed on behalf of the petitioners praying for quashing of FIR bearing No. 0004/2021 registered at Police Station Cyber Police Station, Delhi, for offences punishable under Sections The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

406/420 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The Joint Registrar (Judicial) vide order dated 14th January, 2025 has verified the facts and details of the instant matter. 3.

Learned counsel for the petitioner submitted that on account of certain misunderstanding between the petitioner and the respondent no.2, a complaint was lodged against the petitioner by the respondent no.2, which resulted in filing of the instant FIR dated 7th December, 2021. 4.

It is submitted that with the intervention of friends, relatives and respective members of society, the petitioner and respondent no.2 entered into settlement vide Memorandum of Understanding/Settlement Deed dated 17th December, 2024 ("MoU" hereinafter). The terms and conditions of the said settlement are mentioned in the MoU, which is annexed as Annexure P3 to the instant petition. 5.

It is submitted that the entire settlement amount of Rs. 3,00,000/- has already been paid to the respondent no. 2 as per the MoU and no claim remains pending between the parties.

6.

Accordingly, it is prayed that the instant FIR may be quashed on the basis of the settlement arrived at between the parties. 7.

Per contra, Mr. Anmol Sinha, learned ASC for the State submitted that there is no objection to the prayer made on behalf of the petitioners seeking quashing of the FIR in question and subsequent proceedings emanating therefrom, in view of the settlement arrived at between the parties.

8.

Heard learned counsel for the parties and perused the material placed on record.

9.

The petitioner is present before this Court through Video The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Conferencing and has been identified by the Investigating Officer ("IO" hereinafter) and their counsel. The respondent no. 2 is also present before this Court through Video Conferencing and has been identified by the IO. 10.

On the query made by this Court, the respondent no.2 has categorically stated that she has entered into compromise on his own free will and without any pressure and therefore, does not wish to pursue this matter any further. The parties undertook that they shall abide by all the terms and conditions of the settlement arrived at between the parties. 11.

It was observed by the Hon'ble Supreme Court in the case of Ramgopal and Ors. Vs. The State of Madhya Pradesh, 2021 INSC 568, that the extraordinary power enjoined upon the High Courts under Section 482 of Cr.P.C. can be invoked to quash an FIR if the Court is satisfied that the nature of the offence does not impact the conscious of the society and that the compromise between the parties is voluntary and amicable. 12.

In the instant case, as stated above, the parties have reached a compromise and amicably settled the entire disputes without any pressure. 13.

In view of the settlement arrived at between the parties, the present petition is allowed and the FIR bearing No. 0004/2021 registered at Police Station Cyber Police Station, Delhi, for offences punishable under Sections 406/420 of the IPC and all consequential proceedings emanating therefrom are quashed.

14.

The petition alongwith pending application(s), if any, stands disposed of.

CHANDRA DHARI SINGH, J JANUARY 29, 2025 rk/anr Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.