Sumit Kumar v. State Of NCT Of Delhi & ANR.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C.

311/2025 & CRL.M.A.

1607/2025, CRL.M.A. 1608/2025, CRL.M.A. 1609/2025 SUMIT KUMAR .....Petitioner Through:

Mr.

Pankaj Kumar Sharma, Adv.

Petitioner (through VC) versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State R2 (through VC) Father of R2 in person

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 18.08.2025 1.

The present petition is filed seeking quashing of FIR No. 267/2013 dated 22.05.2013, registered at Police Station Uttam Nagar, for offences under Sections 420/406/506 of the Indian Penal Code, 1860 ('IPC'), and all consequential proceedings arising therefrom. The FIR was registered on a complaint given by Respondent No. 2.

2.

It is averred that the petitioner was running a business under the name and style of M/s SHAP Investment Solutions and the complainant was an employee in the said firm. Allegedly, the petitioner claimed to be a Manager in State Bank of India and told the complainant that he was doing his private business due to some departmental dispute. In July, 2012, the petitioner approached the complainant seeking financial assistance to resolve the alleged bank dispute. The petitioner claimed to be the owner of a property in Palam and proposed to mortgage the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

same. After initial hesitation, the complainant and her mother gave a total sum of ₹6,00,000/- to the petitioner and the petitioner handed over the original documents of the property to the mother of the complainant. Later, when the petitioner failed to return the sum of ₹6,00,000/-, he issued two cheques which got dishonoured. After failing to repay the loan amount, the petitioner threatened the complainant of dire consequences. This led to registration of the present FIR. Chargesheet has been filed in the present case.

3.

The present petition has been filed on the ground that the parties have amicably settled all their disputes before the Mediation Centre, Dwarka Courts, New Delhi on 08.08.2024, of their own free will, without any coercion, pressure, undue influence, force, misrepresentation or mistake. 4.

The petitioner and the complainant have joined the proceedings through video conferencing. The parties have been duly identified by the Investigating Officer. 5.

On being asked, the complainant states that she does not wish to pursue the proceedings arising out of the present FIR and she has no objection if the same is quashed. She requests that the demand draft for the settlement amount may be handed over to her father who is present in person in Court. 6.

In terms of the settlement, a sum of ₹7,00,000/- is handed over to father of the complainant by way of demand draft bearing No. 092042 dated 11.08.2025 drawn on Axis Bank. 7.

Offences under Sections 420/406/506 of the IPC are compoundable in nature.

8.

This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Keeping in view the nature of dispute and that the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

10.

However, keeping in mind the fact that the chargesheet has been filed and the State machinery has been put to motion, ends of justice would be served if the petitioner is put to cost. 11.

In view of the above, FIR No. 267/2013 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹25,000/- by the petitioner to be deposited with the Delhi Police Welfare Society within a period of eight weeks.

12.

Let the proof of deposit of cost be submitted to the concerned SHO.

13.

The present petition is allowed in aforesaid terms. AMIT MAHAJAN, J AUGUST 18, 2025 "SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.