Hirji Narayan Patel & ORS. v. State Of NCT Of Delhi And ANR
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1788/2025, CRL.M.A. 25678/2025 & CRL.M.A. 25679/2025 HIRJI NARAYAN PATEL & ORS. .....Petitioners Through:
Mr. Pulkit Dandona, Ms. Tanishka Patel and Ms. Kiran, Advs.
Petitioners in person.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Sanjeev Bhandari, ASC for State with SI Maya Shanker, PS Kalyanpuri.
Mr. Akshat Aggarwal and Ms. Khushi Aggarwal, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE AJAY DIGPAUL
O R D E R
% 28.08.2025 CRL.M.A. 25678/2025(preponement) 1.
The present application has been filed seeking preponement of the date of hearing from 08.01.2026 to an earlier date. 2.
For the reasons stated in the application, the request is allowed. 3.
The application stands disposed of.
4.
The date earlier fixed stands cancelled.
5.
The matter is taken up for consideration today. W.P.(CRL.) 1788/2025 6.
The instant petition under Article 226/227 of Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
(hereinafter "BNSS") has been filed by the petitioners praying for quashing of FIR No.85/2021 registered at Police Station - Kalyanpuri on 15.03.2021, for offences punishable under Sections 420/406/120B of the Indian Penal Code, 1860 (hereinafter "IPC").
7.
The brief facts of the case, as recorded in the FIR, are that the petitioners dishonestly failed to clear dues of about ₹50,84,424/- towards stationery supplies, induced the complainant to procure masks during lockdown, later raised false defect claims, misappropriated goods, and thereby committed cheating, criminal breach of trust, and conspiracy. 8.
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.
9.
Compromise deed dated 09.04.2025 is on record and has been annexed as Annexure P-3. Qua this deed, the respondent no. 2 has agreed to withdraw the case arising out of FIR No. 85/2021 registered at Police Station - Kalyanpuri against the petitioners. 10.
Learned counsel appearing on behalf of the petitioners submitted that respondent no.2 has settled with the petitioners for a sum of ₹40,00,000/- and all disputes of any nature whatsoever.
11.
At this juncture, petitioners have handed over a Demand Draft bearing No.649991 dated 08.07.2025 for the amount of ₹40,00,000/- in the name of respondent no. 2/Balaji Paper & Stationery Mart today in the Court. The respondent no. 2 has verified the particulars of the Demand Draft to his satisfaction and stated them to be correct.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
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. 13.
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.
14.
Heard learned counsel for the parties and perused the record. 15.
The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station - Kalyanpuri. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.
16.
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.
17.
Keeping in view the fact that the matter stands amicably been settled between the petitioners and respondent no. 2 amicably without any pressure, no fruitful purpose would be served by keeping the matter pending. 18.
It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.
19.
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.85/2021 registered at Police Station - Kalyanpuri, for offences punishable under Sections 420/406/120B of the IPC, and consequent proceedings emanating therefrom, are quashed.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
20.
The petition along with pending application(s), if any, stands disposed of.
21.
The date already fixed i.e., 08.01.2026 stands cancelled. AJAY DIGPAUL, J AUGUST 28, 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.