Bhupinder Singh v. Government Of NCT Of Delhi & ORS.

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4359/2022 BHUPINDER SINGH .....Petitioner Through:

Mr. Bhushan Mahendra Oza, Adv, Mr. Amber Dwivedi, Adv, Mr Kuldeep Sharma Adv, Mr. Himanshu Nayyar, Adv, Mr. Abhimanyu Kumar, Advocate along with petitioner in person.

versus GOVERNMENT OF NCT OF DELHI & ORS.

.....RespondentS Through:

Mr. Naresh Kumar Chahar, APP for State with Ms. Puja Mann, Advocate Mr. Mahesh K Chaudhary and Ms.

Sushma Das, Advocates for R-2 Mr. Nishant Kr. Srivastava, Advocate for R-3.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 19.08.2025 1.

By way of the present petition, the petitioner is seeking following prayer:

"a To quash and set aside the FIR no.19/2006 dated 409/420/467/468/ 471/174A/120B IPC PS Naraina and its consequential proceedings pending before the Ld. Addl. Chief Metropolitan Magistrate 01, Patiala House Courts, New Delhi Cr Case No.7734/2017 State vs R.K. Nayyar and ors and next date of hearing is 22.09.2022 and b to direct the Investigating Officer / SHO of Section 1 EOW Crime Branch and / or the Id. Trial court: to release the passports of the petitioner being passport no.E-1261823 issued from Delhi on 09.04.2002 valid upto 2012 and other passport no.L-1237646 issued from Toronto on 24.07.2015 valid upto 23.07.2017 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

c to issue directions to the concerned competent authority and / or investigating officer to remove / revoke / cancel the name of the petitioner from the record of the look out circular notice / LOC forthwith for all purposes and consideration."

2.

Issue notice. Mr. Naresh Kumar Chahar accepts notice on behalf of the State.

3.

The learned counsels for respondent no. 2 and respondent no. 3 are present before this Court and state that they have received the entire amount and have no objection if the present FIR is quashed. 4.

The petitioner is present before this Court and has been identified by his counsel and Investigating Officer (IO) concerned. 5.

Brief facts of the case are that the present FIR was registered at the instance of Sr. Managar, Oriental Bank of Commerce, Naraina Branch, New Delhi against 1. Harvinder Singh (partner), 2. Gurvinder Kaur (partner), 3. Bhupinder Singh (Guarantor) i.e. the petitioner and 4 Mohd. Akram -u-din (Guarantor) alleging that all the accused in furtherance of their common intention have committed fraud upon the complainant deliberately and knowingly with the intention to induce the complainant to grant loan facility to the accused. The complainant had averred that the accused have thus, caused wrongful loss to the complainant and wrongful gain to themselves by intentional and fraudulent misrepresentation and a gain to themselves by deliberate act.

The accused had thus conspired with each other with common intention to play fraud upon and to cheat the complainant and had availed financial assistance and facilities from the complainant bank. Thereafter, in the year 2001 the petitioner guarantor along with his son Harvinder Singh had approached the complainant bank / respondent no.2 for loan and on 03.03.2001 respondent no.2 had granted loan to the petitioner's son. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Thereafter, the present FIR came to be registered against all the accused including the petitioner herein.

6.

On a query made by this Court, the learned counsels for respondent no. 2 and respondent no. 3 who are present before this Court state that the respondent nos. 2 & 3 have received the entire amount and have no objection if the present FIR is quashed.

7.

The learned APP for the State submits that the present FIR reveals serious allegations against the petitioner herein. However, this Court notes that the FIR against the co-accused persons had already stood quashed in the year of 2014 and the parties have amicably settled the matter between themselves.

8.

In view of the above, that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 9.

Accordingly, FIR bearing no. 19/2006, registered at Police Station Naraina, for the commission of offences punishable under Sections 420/467/468/471/120B of IPC and all consequential proceedings emanating therefrom are quashed.

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 19, 2025/VC The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.