Subhash Sodhi And ORS v. State NCT Of Delhi And ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3095/2025 & CRL.M.A. 13686/2025 SUBHASH SODHI AND ORS .....Petitioners Through:

Mr. Anand Kumar Singh, Adv. along with petitioners versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with Ms. Upasna Bakshi, Adv. with Inspector Sandeep Malik and SI Devender Yadav, PS Vikas Puri Mr. Himanshu Kaushik, Mr. Deepak Kaushik, Mr. Anil Bhardwaj, Ms. Ruchi Kaushik, Mr.

Manish Yadav and Mr. Abhishek Ranjan Singh, Adv. for R-2 along with R-2 (appearance not given)

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 10.09.2025 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. 103/2021 registered at Police Station Vikaspuri on 26.02.2021, for offences punishable under Sections 409/406/420/120B/34 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.

2.

The brief facts of the case are that in June, 2019, Rave Beverages Pvt. Ltd. and petitioner no. 2 applied to ICICI Bank, respondent no. 2 herein for a car loan of Rs. 35,75,000/-, which was partly misappropriated for personal use. The petitioners failed to repay the loan, causing wrongful loss to the respondent no. 2, leading to the registration of the present FIR. 3.

Learned counsel appearing on behalf of the petitioners submitted that the chargesheet has already been filed against the petitioners. 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. It is further submitted that the respondent no. 2 has been duly compensated for the injuries suffered by him along with his medical expenses by the petitioners.

4.

Settlement deed dated 24.07.2023 is on record and has been annexed as Annexure P-5. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 103/2021 registered at Police Station Vikaspuri against the petitioners.

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 compromise. 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 present before this Court and have been identified by their counsel and Investigating Officer, Police Station Vikaspuri. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

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 amicably settled between the petitioners and respondent no. 2 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. Further in view of the fact that the parties have arrived at settlement, the chances of ultimate conviction of the accused persons are also bleak.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

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. 103/2021 registered at Police Station Vikaspuri on 26.02.2021, for offences punishable under Sections 409/406/420/120B/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners. 14.

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

AJAY DIGPAUL, J SEPTEMBER 10, 2025/ar/dd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.