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High Court of DelhiCRL.M.C./2827/2025

Sunmeet Singh Puri v. State NCT Of Delhi And ORS.

2025-07-25Hon'Ble Mr. Justice Sanjeev Narula4 pages

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2827/2025 & CRL.M.A. 12637/2025 SUNMEET SINGH PURI .....Petitioner Through:

Mr.

S.N Pandey, Mr.

Prashant Bhardwaj, Advocates with Petitioner in person versus STATE NCT OF DELHI AND ORS.

.....Respondents Through:

Mr. Ajay Vikram Singh, APP for State with SI Mahavir, PS DBG Road Ms. Pinki, Advocate for R-2 & 3

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 25.07.2025 1.

The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (erstwhile Section 482 of the Code of Criminal Procedure, 19732), the Petitioner, who is the Complainant, seeks quashing of FIR No. 322/2023 registered under Sections 420 & 406 of the Indian Penal Code, 18603, at P.S. D.B.G. Road, Delhi and all proceedings emanating therefrom.

2.

Briefly, the case of the prosecution is that a complaint was received by the Petitioner, Mr. Sunmeet Singh Puri, on 21st May, 2023, wherein he alleged that Respondents No. 2 and 3 have cheated him by inducing him to invest money in their company - i.e., Atallia Traders Ltd. He alleged that the 1 "BNSS"

2 "Cr.P.C."

3 "IPC"

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

said Respondents painted a rosy picture about the success of their company and assured him handsome profits against any investment that he made. Based on these representations, the Petitioner contends that he invested a total of INR 7,30,000/- in the company and in this regard, Respondents No. 2 and 3 had initially forwarded him INR 1 Lakh in lieu of profit on the investment, but later they allegedly did not send him any additional money and unilaterally closed his account, which had a balance of USD 575 left in it. Thus, aggrieved by this, the Petitioner approached the police and based on his statement, the subject FIR was registered on 21st May, 2023, under Sections 420 & 406 of the IPC.

3.

The parties state that, with the intervention of common friends, colleagues and other respectable members of society, the Petitioner has amicably resolved the dispute with Respondents No. 2 and 3 and has decided not to pursue the present FIR against them. Pursuant to this, a Settlement Agreement dated 8th February, 2024, was executed between the Respondents No. 2 & 3 and the Petitioner whereby the said Respondents have agreed to pay an amount of INR 2 Lakhs to the Petitioner and on the other hand, the Petitioner has agreed to resolve all his claims and demands against Respondents No. 2 & 3. As such, he has agreed to voluntarily give his no objection to the quashing of the subject FIR. A copy of the Settlement Agreement has been placed on record and perused by the Court. 4.

In view of the settlement, the Complainant - i.e., Petitioner, who has appeared before the Court and is identified by his counsel, states that he does not wish to pursue the FIR proceedings against Respondents No. 2 and

3. He confirms that his decision to settle the matter is voluntary and made without any undue influence, force or coercion. He further confirms the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

receipt of the full and final settlement amount from Respondents No. 2 and 3, as per the terms of the Compromise Deed executed between them. Respondents No. 2 and 3 have also joined the proceedings in person and is duly identified by the concerned Investigating Officer. In light of the amicable resolution between the parties, they seek quashing of the subject FIR and all proceedings arising therefrom.

5.

The Court has considered the submissions of the parties. It is noted that apart from the two Respondents mentioned above, there is another individual named in the impugned FIR - Mr. Gurdeep Singh. Although, he is not a party to the present proceedings, nonetheless, the Petitioner - Mr. Sunmeet Singh Puri unequivocally states that he does not wish to proceed with the FIR against any of accused, i.e., Respondents No. 2, 3 and also Mr. Gurdeep Singh.

6.

It is pertinent to note that the offences under Sections 420 and 406 of IPC are compoundable, albeit with the permission of the Court, and only at the instance of the aggrieved parties. However, that does not debar the High Court from resorting to its inherent power under Section 528 of BNSS (formerly, Section 482 of Cr.P.C.) and pass an appropriate order so as to secure the ends of justice.

7.

Having regard to the nature of the dispute and the fact that the aggrieved parties have amicably settled the matter, this Court is of the view that continuation of the criminal proceedings would serve no useful purpose. In the circumstances, this is a fit case for exercise of jurisdiction under Section 528 of BNSS, as the continuance of proceedings would amount to an abuse of the process of law and impede the ends of justice. 8.

In view of the above, and considering that the State machinery has The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been put to motion, ends of justice would be served if the accused, i.e., Respondents No. 2 and 3 are put to cost.

9.

Accordingly, the present petition is allowed and FIR No. 322/2023 under Sections 420 & 406 of the IPC registered at P.S. D.B.G. Road and all proceedings emanating therefrom are hereby quashed, subject to payment of a cost of INR 5,000/- each by the Respondents No. 2 and 3 to the Delhi Police Welfare Fund, within a period of two weeks from today. The proof of payment of cost be submitted with the concerned Investigating Officer. 10.

The parties shall remain bound by the terms of settlement. 11.

Accordingly, the petition is disposed of along with pending application(s).

SANJEEV NARULA, J JULY 25, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.