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High Court of DelhiW.P.(CRL)/3164/2025

Sonal Ramesh Shah v. State Of NCT Of Delhi & ANR.

2025-11-17Hon'Ble Mr. Justice Amit Mahajan3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3164/2025 & CRL.M.A. 29027/2025, CRL.M.A. 29028/2025, CRL.M.A. 29029/2025 SONAL RAMESH SHAH .....Petitioner Through:

Mr.

Anuj Berry, Mr.

Sourabh Rath and Mr.

Parimal Kashyap, Advs.

Petitioner (through VC) versus STATE OF NCT OF DELHI & ANR. .....Respondents Through:

Mr. Anand V. Khatri, ASC for the State Ms. Neeha Nagpal, Mr.

Malak Bhatt and Ms.

Samridhi, Advs. for R-2.

Complainant (through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 17.11.2025 1.

The present petition is filed seeking quashing of FIR No. 691/2018 dated 24.12.2018, registered at Police Station I.G.I. Airport, for offence under Section 379 of the Indian Penal Code, 1860 ('IPC'), including all consequential proceedings arising therefrom.

2.

The FIR was registered pursuant to a complaint given by the Sr. Director-Connect of Respondent No. 2 company on 24.12.2018, stating that Respondent No. 2 company had handed over 150 bags of mobile phones / mobile accessories to Jet Airways cargo from which one bag containing 20 mobile phones got stolen.

3.

During the course of investigation, it was found that all The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

stolen mobile phones were sold by the Petitioner's proprietorship/E-Mobiles, through Amazon's online platform, in the year 2018.

4.

Pursuant to the investigation, Respondent No. 1 filed the Chargesheet against the Petitioner alleging commission of offences under Section 414 of the IPC.

5.

Thereafter, a notice under Section 91 of the Code of Criminal Procedure, 1973 was sent to Amazon company asking for details of the seller. In its reply, the Amazon company replied that the mobile phones were purchased by E-Mobiles in the year 2018.

6.

The present petition has been filed on the ground that the disputes have been settled between the parties by way of Settlement dated 19.03.2025, out of their own free will, without any force, fraud, coercion or undue influence. 7.

The petitioner and the complainant have joined the proceedings through video conferencing.

8.

The complainant/ Authorized Representative of Respondent No. 2 company has been duly identified by Ms. Neeha Nagpal, learned counsel, who appears on behalf of Respondent No. 2 company.

9.

On being asked, the complainant states that parties have decided to settle their disputes and the entire settlement amount has already been received. He states that he has no objection if the proceedings arising out of the present FIR are quashed. 10.

Offence under Section 414 of the IPC is compoundable in nature.

11.

Considering that the entire settlement amount has already The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

been paid and the parties have amicably entered into a settlement, this Court feels that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences. In such circumstances, the continuance of the proceedings would amount to abuse of the process of Court.

12.

I am of the opinion that this is a fit case to exercise discretionary jurisdiction under Section 528 of the BNSS. 13.

However, keeping in mind the fact that the State machinery has been put to motion and chargesheet has been filed, ends of justice would be served if the petitioner is put to cost.

14.

In view of the above, FIR No. 691/2018 and all consequential proceedings arising therefrom are quashed, subject to payment of total cost of ₹30,000/- by the petitioner, to be deposited with the Delhi Police Martyrs' Fund within a period of eight weeks.

15.

Let the proof of deposit of cost be submitted to the concerned SHO.

16.

The present petition is allowed in aforesaid terms. Pending applications also stand disposed of.

AMIT MAHAJAN, J NOVEMBER 17, 2025 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.