Ranjit Kumar Bhim Swain And ANR. v. State Govt. Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RANJIT KUMAR BHIM SWAIN AND ANR.

.....Petitioners Through:

Mr. Sanjog Singh Arneja, Adv.

Petitioners (through VC) versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Ashneet, APP for the State SI Krishan Varma, PSRajouri Garden Mr. Harjas Singh, Adv. for R2 R2 in person

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 08.11.2024 CRL.M.A. 33543/2024 (for exemption) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

1.

The present petition is filed seeking quashing of FIR No. 26/2024 dated 10.01.2024, for offence under Sections 420/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Rajouri Garden, including all consequential proceedings arising therefrom.

2.

The said FIR was registered on a complaint filed by Respondent No. 2 alleging that he was approached by the accused The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

persons in the month of May, 2022 to sell their engine oil and gear oil. The accused persons delivered some free samples to the office of the complainant as well and kept coming to his office to persuade him. It is alleged that after incessant persuasion of the petitioners, the complainant transferred ₹20,00,000/- to the accused persons for the purpose of purchasing high quality lubricants. However, it was found that the petitioners had sent low quality oil worth merely 30,000/- to ₹40,000/-. 3.

The learned counsel for the petitioners submits that the present FIR was registered on a misunderstanding and the parties have since resolved their disputes.

4.

The present petition is filed on the ground that the matter is amicably settled between the parties by way of Memorandum of Settlement dated 18.10.2024, with the help of respectable members of the society, on their own free will, without any fear, force, coercion, or undue influence.

5.

It is stated that the entire settlement amount already stands paid to Respondent No. 2.

6.

The petitioners are present through video-conference and Respondent No. 2 is present in Court today. The parties have been duly identified by the Investigating Officer. 7.

Respondent No.2, on being asked, states that he does not wish to pursue any proceedings arising out of the present FIR and has no objection if the same is quashed.

8.

Offence under Section 420 of the IPC is compoundable in nature.

9.

This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences. 10.

Keeping in view the nature of dispute and that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

11.

In view of the above, FIR No. 26/2024 and all consequential proceedings arising therefrom are quashed, subject to the petitioners serving in a Gurudwara of their choice on two consecutive weekends.

12.

Let the certificate of completing the service in Gurudwara or the affidavit to this effect with photographs be furnished to the Registry of this Court.

13.

The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J NOVEMBER 8, 2024 "SS"

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