Aasam v. State NCT Of Delhi And ANR
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2421/2025 AASAM .....Petitioner Through:
Mr. Arun Yadav, Adv. with petitioner in person.
versus STATE NCT OF DELHI AND ANR .....Respondents Through:
Mr. Amol Sinha, ASC for State with Mr.Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan and Mr. Manan Wadhwa, Advs. for State with SI Manjeet Singh IFSO/Special Cell.
Mr. Ratan Singh Saini, Adv. for R-2.
with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 19.11.2025 CRL.M.A. 22786/2025 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
W.P.(CRL) 2421/2025 3.
The present petition has been filed under Section 528 BNSS seeking quashing of FIR No. 122/2022 under Sections 420 of IPC registered at Police Station Special Cell and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement. 4.
Issue notice. Mr. Amol Sinha, learned ASC for the State accepts The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
notice.
5.
The petitioner, as well as, respondent no. 2 are present in the Court and they have been identified by their respective counsel, as well as, by the Investigating Officer SI Manjeet Singh IFSO/Special Cell. 6.
The case set out in the present petition is that there was cheating and fraud of money with respondent no.2 via online mode amounting to Rs.70,482/- which led to the registration of FIR, in question, at the instance of the respondent no.2.
7.
During the pendency of the proceedings, the parties have amicably settled their disputes, terms whereof were reduced in writing in the form of Mutual Agreement dated 11.04.2025, which is annexed as Annexure P-2 to the present petition.
8.
It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs.90,000/- to the respondent no.2 towards full and final settlement amount. The amount of Rs. 90,000/- has been paid to the respondent no.2 today in the court by the petitioner by way of Demand Draft bearing No.007159 dated 14.11.2025 issued by Axis Bank. 9.
The receipt of entire amount of Rs.90,000/- is acknowledged by the respondent no.2, who is present in court. On a query posed by the Court, respondent no.2 affirms the factum of settlement and states that she does not wish to prosecute the criminal proceedings.
10.
At this stage, apt would it be to refer to the observations of the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."
11.
In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.
12.
It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 13.
Consequently, the petition is allowed and the FIR No. 122/2022 under Sections 420 of IPC registered at Police Station Special Cell alongwith all other proceedings emanating therefrom, is quashed. 14.
The petition stands disposed of in the above terms. VIKAS MAHAJAN, J NOVEMBER 19, 2025 N.S. ASWAL The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.