Sarita Garg Proprietor Of M K Marketing & ANR. v. State NCT Of Delhi & ANR.
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1169/2025 & CRL.M.A. 5213/2025 SARITA GARG PROPRIETOR OF M K MARKETING & ANR. .....Petitioners Through:
Mr. Utkarsh Mathur, Mr. Charu Bhardwaj and Mr. Aman Singhal, Advs.
Petitioners in person (Through VC) versus STATE NCT OF DELHI & ANR. .....Respondents Through:
Ms. Meenakshi Dahiya, APP for State with Ms. Upasna Bakshi, Adv.
SI Pramendra Singh, PS Karawal Nagar Mr. Sidhant Aeron, Adv. for R-2 (through VC) Mr. Jai Kanwar, Authrorised Representative for respondent no. 2
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 04.11.2025 1.
The instant petition under 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 petitioners praying for quashing of FIR No. 222/2024 registered at Police Station - Karawal Nagar for the offences punishable under Sections 420/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.
The brief facts of the case are that respondent no.2, who is the authorized representative of VOS Technologies India Pvt. Ltd., alleged that the petitioners, dishonestly obtained LED goods worth ₹30,65,069.02/- from respondent no. 2 between 03.09.2021 and 29.04.2023 without making The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
payment, and issued a cheque of a closed account which was dishonoured. it was further alleged that the petitioners also sold duplicate products under respondent no. 2's brand name, leading to the registration of the present FIR. 3.
It is submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future.
4.
Settlement Agreement dated 04.01.2025 is on record and has been annexed as Annexure P-3. Qua this agreement, the respondent no. 2 has agreed to withdraw the case arising out of FIR No.222/2024 registered at Police Station - Karawal Nagar against the petitioners. Learned counsel for the petitioners submits that as per the agreement, the entire settled amount of ₹27,00,000/- has already been paid to respondent no. 2. Respondent no. 2, who is present in Court, also submits that he has received the entire settled amount.
5.
It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the agreement. 6.
Learned APP for the State, who appears on advance notice, accepts notice and submits 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.
7.
Heard learned counsel for the parties and perused the record. 8.
The petitioners are virtually present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Karawal Nagar. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
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.
10.
Keeping in view the fact that the matter stands settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.
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.
12.
It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.
13.
In the present case, the State machinery has been put into motion and the police has concluded the investigation and has filed the charge-sheet and further the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners. In the facts and circumstances of the present case, the petitioner no. 1 is directed to deposit a cost of ₹25,000/- with the CDCBA Members Welfare Fund, Account bearing No. 33640110020388 (IFSC Code: UCBA0003364) maintained with the UCO Bank, Rouse Avenue Court Complex, New Delhi within a period of two weeks from today. Petitioner no. 2 is also directed to deposit a cost of ₹25,000/- with the D.H.C.B.A. Costs Account i.e., saving account no. 15530110179338 (IFSCUCBA0001553), Bank Name- UCO Bank, Branch- Delhi High Court within a period of two weeks from today.
14.
Hence, in light of the judgment of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No.222/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
registered at Police Station - Karawal Nagar for the offences punishable under Sections 420/406/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to payment of ₹25,000/- by petitioner no. 1 and payment of ₹25,000/- by petitioner no. 2, within a period of two weeks from today. The receipt of payment is to be deposited and verified by the concerned IO. 15.
The petition along with pending application(s), if any, stands disposed of.
AJAY DIGPAUL, J NOVEMBER 4, 2025/AS/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.