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High Court of DelhiCRL.M.C./1262/2025

Nirmal Kumar Pathak v. The State NCT Of Delhi And ANR

2025-05-07Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1262/2025 NIRMAL KUMAR PATHAK .....Petitioner Through:

Mr. Nishant Kumar, Advocate along with petitioner in person.

Versus

THE STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr.Yudhvir Singh Chauhan, APP for the State with Investigating Officer, SI Prashant, PS-Domestic Airport.

Mr. Ankit, Advocate for R2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.05.2025 1.

The Petition under Section 528 of BNSS, 2023 has been filed on behalf of the Petitioner for quashing of FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with the Police Station Domestic Airport, New Delhi.

2.

It is submitted that the respondent No.2/complainant Gyan Singh filed a complaint on 15.2.2018 against the petitioner for travelling in his Taxi in the pretext of attachment cum hiring the same with Indigo Airline and issued a forged cheque of Rs.84,775/-. On the said complaint, the aforesaid FIR against the petitioner/accused was registered on 26.04.2018. 3.

It is further submitted that the petitioner and the respondent No. 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

were known to each other for a long time as the petitioner was earlier residing at Delhi but now, for long, he is residing at his native place at U.P. With the intervention of common friends, on 15.01.2025, the complainant/respondent No. 2 and petitioner/accused entered into a compromise and the petitioner agreed to compensate the loss suffered by the respondent No. 2/complainant. Accordingly, a Settlement Deed dated 15.01.2025 was executed between the parties, copy of which is annexed with the present petition as Annexure P3. It was agreed upon between the parties that the petitioner shall pay Rs.1,80,000/- by way of a demand draft to the respondent No. 2 at the time of recording of statement before this Court. It is submitted that the said payment has already been received by the complainant vide Demand Draft bearing No.444143 for a sum of Rs.1,80,000/- drawn on State Bank of India 4.

In view of the One Time Settlement dated 15.01.2025, the present Petition has been filed.

5.

The parties are present along with their counsels and the Investigating Officer. Petition has been signed by the petitioner and is supported by his affidavit. The parties have reaffirmed the terms of the Settlement dated 15.01.2025 and they also submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 6.

Considering the totality of the circumstances, there is no fruitful purpose will be served in continuing with the FIR. It is a fit case for quashing the FIR and the proceedings emanating therefrom. Accordingly, FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with the Police Station Domestic Airport, New Delhi and the proceedings emanating therefrom are hereby quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The Petition is disposed of accordingly. Pending Applications, if any, also stand disposed of.

NEENA BANSAL KRISHNA, J MAY 7, 2025 NA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.