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High Court of DelhiW.P.(CRL)/537/2025

Akash Gupta v. State Of NCT Of Delhi & ANR.

2025-08-11Hon'Ble Mr. Justice Ajay Digpaul3 pages

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 537/2025 & CRL.M.A. 4841/2025 AKASH GUPTA .....Petitioner Through:

Mr. Deepak Sharma, Mr. Ajay Kumar Gond, Mr. Shubham and Mr. S.K. Gautam, Advs.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar and Ms.

Amisha Gupta, Advs.

SI Prashant, PS Laxmi Nagar

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 11.08.2025 CRL.M.A. 4841/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 537/2025 3.

The instant petition under Article 226 of 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 "CrPC.")] has been filed by the petitioner praying for quashing of FIR No. 0004/2021 registered at Police Station Laxmi Nagar, Delhi on 05.01.2021, for the offences punishable under Sections 406/420 of the Indian Penal Code, 1860 (hereinafter "IPC"). The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel appearing on behalf of the petitioners submitted that by way of the aforesaid FIR it was alleged that the petitioner accepted advance payments from the complainant and others for sale of a property but failed to deliver possession and allegedly sold it to multiple parties. It is submitted that the petitioner and respondent no. 2 have now settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.

5.

Settlement Agreement dated 08.01.2025 is on record and has been annexed as Annexure P-2. Qua this agreement, respondent no. 2 has agreed to withdraw all the cases registered by him against the petitioner. 6.

It is thus prayed that the instant FIR may be quashed on the basis of the compromise.

7.

Learned APP for the State submitted that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties. 8.

Heard learned counsel for the parties and perused the record. 9.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer, Police Station Laxmi Nagar. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

10.

On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties. Respondent no. 2's affidavit stating his no objection is also on record.

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

11.

Keeping in view the fact that the matter stands amicably been settled between the petitioner and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 12.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them..

13.

It is, thus, in the interest of justice, FIR bearing No. 0004/2021, dated 05.01.2021, registered at Police Station - Laxmi Nagar, Delhi for the offences punishable under Sections 406/420 of the IPC and all the consequential proceedings emanating therefrom are quashed. 14.

The petition along-with pending application(s), if any, stands disposed of.

AJAY DIGPAUL, J AUGUST 11, 2025/ar/ryp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.