Sanjeev Nayyar & ORS. v. The State (NCT Of Delhi) & ANR.

$~129 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8211/2025 SANJEEV NAYYAR & ORS.

.....Petitioners Through:

Mr. Hemraj Tewatia, Advocate.

versus THE STATE (NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Tarang Srivastava, APP for State with SI Narender Singh, PS- C.R. Park.

Ms. Krishna Bhatia and Mr. Kamal Krishan Nigam, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 19.11.2025 CRL.M.A.-34278/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8211/2025 3.

The present petition has been filed under Section 528 BNSS read with Section 482 Cr.P.C. seeking quashing of FIR No.0113/2022 under Section 420/34 IPC, registered at Police Station Chittaranjan Park and all consequential proceedings emanating therefrom, on the ground that the parties have arrived at a settlement.

4.

Issue notice. Mr. Tarang Srivastava, learned APP for the State accepts notice 5.

The petitioners appear through VC and respondent no.2 appears in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court. They have been identified by their respective counsel, as well as, by the Investigating Officer SI Narender Singh, PS-C.R. Park. 6.

The case of the prosecution as articulated in the present petition is that an FIR was registered at the instance of respondent no.2/complainant who alleged that petitioners played cheating and fraud upon him and did not refund the advance money of Rs.15,00,000/- paid by him to the petitioners for providing consultancy and services for setting up a CNG/LCNG Dealership.

7.

During pendency of the proceedings, parties have resolved all their disputes amicably without any coercion or pressure and arrived at a settlement, terms whereof are reflected in photocopies of ordersheets dated 09.07.2025, which is annexed at Annexure-E (Colly) to the present petition. In terms of the settlement, the petitioners have agreed to pay a sum of Rs.10,00,000/- towards full and final settlement. 8.

On being queried by the Court, respondent no.2/complainant states that he has settled the matter with the petitioners and has received the entire settlement amount. Therefore, he does not wish to prosecute the criminal proceedings and has no objection, in case the FIR in question is quashed. 9.

In view of the fact that the petitioners as well as the respondent no.2 have amicably settled their disputes and regard being had to the statement made by the complainant/respondent no.2, this Court is of the view that no useful purpose will be served in continuation of criminal proceedings and it will be an exercise in futility.

10.

At this stage, it will be apt to refer to the decision of the Hon'ble Supreme in Parbatbhai Aahir vs. State of Gujarat (2017) 9 SCC 641, wherein it is laid down as under:- The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

"...16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned.

16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and"... 11.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom, be quashed. 12.

Consequently, the petition is allowed and the FIR No.0113/2022 under Section 420/34 IPC, registered at Police Station Chittaranjan Park alongwith all other proceedings emanating therefrom, is quashed. 13.

The petition stands disposed of in the above terms. 14.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J NOVEMBER 19, 2025/jg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.