Sh. Surender Garg & ORS. v. The State (N.C.T. Of Delhi & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4580/2025 SH. SURENDER GARG & ORS.

.....Petitioners Through:

Mr.Tushar Rohmetra and Mr.Narender Rana, Advocates alongwith petitioners versus THE STATE (N.C.T. OF DELHI & ORS.

.....Respondents Through:

Ms.Richa Dhawan, APP for the State alongwith Insp. Kishan Vir Singh, P.S.-Sec-VI/EOW Mr.Aakash Pathak, Advocate for the complainant alongwith complainants

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

O R D E R

% 15.09.2025 1.

Petitioners herein seek quashing of an FIR No.22/2014 dated 19.02.2014 for the alleged offences under Sections 409/420/468/471/477A/120B of the IPC, registered at Police Station EOW, along with all consequential proceedings arising therefrom, on the basis of the compromise between the parties.

2.

Per FIR, a police complaint against Surinder Kumar Garg, Anil Kumar Jindal, and their associates was received, accusing them of fraud, forgery, misappropriation of company assets, and illegal usurpation of control over a private limited company i.e. M/s Shiva S. S. Strips Pvt. Ltd.,. 2.1 Around 2005-2006, the accused induced the complainants (major CRL.M.C. 4580/2025 Page 1 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

shareholders and directors) to invest in the company through share subscription and unsecured loans, under the pretense of developing a commercial project in Chandigarh. The complainants acquired 57.5% majority stake in the company and entrusted the accused with the company's day-to-day operations.

2.2 It was alleged that there was a breach of agreement and their modus operandi was of using forged documents and manipulated ROC filings, and bogus financial transactions.

2.3 It is further alleged that the accused have falsified financial transactions by circulating tainted money through shell companies and fictitious entities to show inflated investments, amounting to approximately ₹4.78 crores.

2.4 It is also alleged that the accused have illegally changed the company's registered office address to conceal their activities. It is alleged that the accused sold parts of a commercial property owned by the company in Zirakpur, Punjab to associates for cash, which was later laundered through various companies.

3.

Learned counsel for the petitioners submit that all the complainants have now amicably settled the matter vide Settlement/Compromise Deed dated 26.05.2025 with the petitioners.

4.

Learned counsel for the petitioners submits that, in view of the compromise between the parties and as respondents no. 2 to 6 are not inclined to press charges, the FIR in question along with all consequential proceedings arising therefrom may be quashed. 5.

In response to a Court query, both the counsel for respondents No. 2 to 6 and the learned APP for the State concur with the factum of the CRL.M.C. 4580/2025 Page 2 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

compromise between the parties and convey their no objection to the quashing of the FIR.

6.

In the aforesaid backdrop, I have heard learned counsels for the parties and have perused the case file.

7.

The complainants/respondents No. 2 to 6 join through video conferencing and have duly been identified by their counsel. Upon a Court query, respondents No. 2 to 6 candidly submit that the dispute, which was essentially civil in nature, was unnecessarily given a criminal colour owing to their lack of understanding of criminal law. They further state that the civil dispute has been amicably resolved amongst all of them. 8.

Respondents No. 2 to 6 further affirm that the settlement has been arrived at voluntarily, without any duress or coercion, and accordingly, they do not wish to pursue any charges against the petitioners. 9.

Having heard and considering the nature of the dispute, it appears to be private and personal, arising from a financial transaction, and lacking any public or societal interest. The matter, which seems to have arisen from misunderstandings between the parties, has since been amicably resolved. 10.

Thus, continuation of criminal proceedings would serve no useful purpose, constitutes an abuse of the process of law, and place an unnecessary burden on the judicial system. In contrast, quashing the FIR in question would promote peace and harmony between the parties, particularly as the complainant does not wish to pursue the case further. Apart therefrom, I am also of the view that the allegations appear to be arisen out of civil dispute which are given colour of criminal culpability. 11.

Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR CRL.M.C. 4580/2025 Page 3 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh v. State of Punjab & Anr. [(2012) 10 SCC 303]. 12.

The instant petition is thus allowed. The criminal proceedings arising out of FIR No. 22/2014 dated 19.02.2014 for the alleged offences under Sections 409/420/468/471/477A/120B of the IPC, registered at Police Station EOW, and further proceedings arising therefrom, are hereby quashed qua the respondents No.2 to 6 herein.

13.

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

ARUN MONGA, J SEPTEMBER 15, 2025 dy CRL.M.C. 4580/2025 Page 4 of 4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.