Virender & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8382/2024 VIRENDER & ORS.

.....Petitioners Through:

Mr. Madan Kumar Jha and Mr. Udit Khanna, Advocates.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through:

Ms. Richa Dhawan, APP for the State with IO SI Praveen Narwal, Cyber Police Station Rohini Delhi.

Mr. Nitin Bansal, Advocate for Complainant/Respondent No. 2.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 20.11.2024 CRL.M.A. 32001/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

CRL.M.C. 8382/2024 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" hereinafter) (earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.")) has been filed by the petitioners praying for quashing of FIR bearing No. 65/2022 registered at Police Station - Rohini, Delhi, for offences punishable under Sections 420/120B of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The petitioners are present before this Court and have been identified The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by the Investigating Officer ("IO" hereinafter) and their counsel and the respondent no. 2 is present before this Court and has been identified by the IO and his counsel.

3.

Learned counsel for the petitioners submitted that the aforesaid FIR was registered by the respondent no. 2 as he was subjected to cheating of a sum of Rs. 1,000/-.

4.

With the intervention of friends, relatives and respective members of society, the parties entered into settlement vide Memorandum of Understanding ("MoU" hereinafter) dated 31st January, 2024. The terms and conditions of the said settlement are mentioned in the MoU which is annexed as Annexure-C to the petition.

5.

On the query made by this Court, the respondent no.2 has categorically stated that he has entered into compromise on his own free will and without any pressure and therefore, does not wish to pursue this matter further. The parties undertook that they shall abide by all the terms and conditions of the MoU arrived at between the parties. 6.

Accordingly, it is prayed that the instant FIR be quashed on the basis of the MoU arrived at between the parties and as per the Judgments of the Hon'ble Supreme Court passed in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and Parbathbhai Aahir @ Parbathbai vs. State of Gujarat, (2017) 9 SCC 641.

7.

Per contra, Ms. Richa Dhawan, learned APP for the State submitted that there is no objection to the prayer made on behalf of the petitioners seeking quashing of the FIR in question and subsequent proceedings emanating therefrom, in view of the MoU arrived at between the parties. 8.

Heard learned counsel for the parties and perused the record. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

In the instant case, as stated above, the parties have reached on the compromise and amicably settled the entire disputes without any pressure. In view of the settlement arrived at between the parties and the law laid down by the Hon'ble Supreme Court, the present petition is allowed and the FIR bearing No. 65/2022 registered at Police Station Rohini, Delhi, for offences punishable under Sections 420/120B of the IPC and all consequential proceedings emanating therefrom are quashed. 10.

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

CHANDRA DHARI SINGH, J NOVEMBER 20, 2024 gs/mk 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.