Kapil Mohan Dubey v. State Of NCT Of Delhi & ANR.

$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2173/2025 KAPIL MOHAN DUBEY .....Petitioner Through:

Mr.

Ayush Gupta, Advocate alongwith petitioner in person versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou and Mr.

Aniket Kumar Singh, Advocates Respondent no. 2 in person

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.07.2025 CRL.M.A. 20258/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 2173/2025 3.

By way of the present petition, the petitioner seeks quashing of FIR bearing No. 309/2023, registered at Police Station Hauz Qazi, District Central, Delhi for the commission of offences punishable under Sections 406/420/34 of Indian Penal Code, 1860 (hereafter 'IPC') on the basis of settlement arrived at between the parties.

4.

Issue notice. The learned APP accepts notice on behalf of the State. 5.

The petitioner and respondent no. 2 are present before this Court and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have been identified by their counsels and Investigating Officer concerned. 6.

Briefly stated, facts of the present case are that on 26.12.2022, a dispute had arisen between the petitioner and respondent no. 2 qua a commercial transaction involving the payment and delivery of a Hyundai Creta vehicle/car. Respondent no. 2 had filed a complaint under Section 200 read with Section 156(3) of Cr.P.C. before the learned Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi. Based on the abovesaid complaint, the present FIR came to be registered against the present petitioner. During the pendency of the investigation, both the parties have amicably and voluntarily resolved their disputes vide Settlement Deed dated 08.07.2025 executed between them.

7.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that he has entered into compromise 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. Respondent no. 2 further states that he has no objection if the present FIR is quashed. 8.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and 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. 309/2023, registered at Police Station Hauz Qazi, District Central, Delhi for the commission of offences punishable under Sections 406/420/34 of IPC and all consequential The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

proceedings emanating therefrom are quashed.

10.

In view of the above, the present petition stands disposed of. 11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J JULY 16, 2025/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.