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High Court of DelhiCRL.M.C./6955/2025

Krishan Kant Kumar & ORS. v. State Of NCT Of Delhi & ANR.

2025-10-09Hon'Ble Mr. Justice Ajay Digpaul4 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6955/2025 & CRL.M.A. 29202/2025 KRISHAN KANT KUMAR & ORS.

.....Petitioners Through:

Mr. Dhruv Gupta, Mr. Harshit Gupta and Ms. Neetu Singh, Advs. along with petitioners versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Ms. Meenakashi Dahiya, APP for State with Ms. Upasna Bakshi, Adv.

SI Nitin in person Mr. Kapil Jarwal, Adv. for R-2 R-2 in person (through VC)

CORAM:

HON'BLE MR. JUSTICE AJAY DIGPAUL

O R D E R

% 09.10.2025 1.

The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS") has been filed by the petitioners praying for quashing of FIR No. 540/2024 registered at Police Station Harsh Vihar for the offences punishable under Sections 420/467/468/471/34 of the Indian Penal Code, 1860 (hereinafter "IPC"). 2.

The brief facts of the case are that respondent no. 2 through its Company M/s SNB Enterprises Pvt. Ltd. had placed an order for supply of "23-30 Reversible 20 HI Cold Rolling" from M/s Magadh Precision Equipment Ltd through its directors, petitioner no. 1 to 3 and its manager, petitioner no. 4, against an advance payment of Rs. 50,00,000/-. Before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

supply of said machine, a dispute arose between the parties with regard to the specification of machinery.

3.

Learned counsel appearing on behalf of the petitioners has submitted that the petitioners and the Authorised Representative of SNB Enterprises Pvt. Ltd., i.e., respondent no. 2, have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4.

Memorandum of Understanding (hereinafter "MoU") dated 05.12.2024 is on record and has been annexed as "Annexure P/2". Qua this MoU, the Authorised Representative on behalf of M/s SNB Enterprises Pvt. Ltd. has agreed to withdraw the case arising out of FIR No. 540/2024 registered at Police Station Harsh Vihar against the petitioners in exchange for a settlement amount of Rs. 27,00,000/-.

5.

It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise. 6.

Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

7.

Heard learned counsel for the parties and perused the record. 8.

The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Harsh Vihar. The current Authorised Representative of M/s SNB Enterprises Pvt. Ltd. i.e., respondent no. 2, is also present in the Court and has been identified by the counsel and the Investigating Officer.

9.

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

any pressure. It is also stated by him that the entire dispute has been amicably settled between the parties.

10.

Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11.

In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

12.

It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom.

13.

In the present case, the State machinery has been put into motion and judicial time has also been wasted; considering the nature of the dispute between the parties. It is deemed appropriate to impose cost on the petitioners as well as respondent no. 2.

14.

In the facts and circumstances of the present case, the petitioners are directed to deposit a cost of ₹10,000/- each with the Delhi High Court Legal Services Committee within a period of two weeks from today. Respondent no. 2 is also directed to deposit a sum of Rs. 10,000/- with the DHCBA Women Advocates Welfare Fund i.e., saving account no. 15530110172858 (IFSC- UCBA0001553), Bank Name- UCO Bank, Branch- Delhi High Court from today.

15.

Hence, in light of the judgment of the Hon‟ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303, FIR No. 540/2024 registered at Police Station Harsh Vihar for the offences punishable under Sections 420/467/468/471/34 of the IPC, and consequent proceedings emanating therefrom, are quashed qua the present petitioners, subject to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

payment of costs imposed on the petitioners as well as respondent no. 2, within a period of two weeks from today. The receipt of payment is to be deposited with and verified by the concerned IO. 16.

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

AJAY DIGPAUL, J OCTOBER 9, 2025/ar/av The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.