Tanpreet Singh & ANR. v. State & ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1357/2022 & CRL.M.A. 5958/2022 TANPREET SINGH & ANR.

.....Petitioners Through:

Petitioners with their counsel Ms.

Prachi, Advocate.

versus STATE & ANR.

.....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State along with SI Jay Prakash and SI Hawa Singh.

Complainant in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.01.2025 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟) has been filed by the petitioners praying for quashing of FIR bearing no. 121/2021 registered at Police Station Inderpuri, West District, Delhi for the offences punishable under Section 420 of the Indian Penal Code, 1860 (hereafter „IPC‟). 2.

Brief facts of the present case are that on 03.05.2021, respondent no. 2 had purchased an oxygen cylinder from the petitioners and made payment of the same through his friend Mr. Avinsh Mishra who had made a payment of Rs.70,000/- by his account though IMPS. It is stated that on 08.05.2021 respondent no. 2 had received the delivery of the said oxygen cylinder and on 14.05.2021, when respondent no. 2 had went for refilling of the same, he The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

came to know that the said cylinder is not an oxygen cylinder and instead is a fire extinguisher. On the basis of the aforesaid allegations, the present FIR came to be registered.

3.

The petitioners and respondent no. 2 are present before this Court and have been identified by the Investigating Officer (IO) concerned from Police Station Inderpuri, West District, Delhi.

4.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that he has entered into a compromise with the petitioner out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding (MOU) dated 04.10.2024. 5.

Today, the complainant who is present in Court states that he has received Rs. 30,000/- due to him and has no objection if the present FIR is quashed.

6.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, this Court is of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

7.

Accordingly, FIR bearing No. 121/2021 registered at Police Station Inderpuri, West District, Delhi for offence punishable under Section 420 of the IPC and all the consequential proceedings emanating therefrom are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

quashed.

8.

Accordingly, the present petition stands disposed of. Pending application, if any, also stands disposed of. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 30, 2025/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.