Dheeraj Kumar@Dheeraj Sharma v. State (Govt. Of NCT Of Delhi) & ANR. & ORS.

$~100 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 9193/2025 DHEERAJ KUMAR@DHEERAJ SHARMA .....Petitioner Through:

Mr. Rahul Gaur, Adv.

versus STATE (GOVT. OF NCT OF DELHI) & ANR. & ORS.

.....Respondents Through:

Mr. Tarang Srivastava, APP for State with SI Harish, PS. Keshav Puram.

Mr.

Bipan Sharma, Authorised representative of R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 22.12.2025 CRL.M.A. 38391/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 9193/2025 3.

The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.657/2024 under Section 316(4) BNS, 2023 registered at Police Station Keshav Puram 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 petitioner is present in Court whereas Mr. Bipan Sharma, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

authorised representative of respondent no.2, has joined through VC and they have been identified by their respective counsels, as well as, by the Investigating Officer SI Harish, PS. Keshavpuram. 6.

The case of the prosecution is that the petitioner was working with respondent no.2 company and the petitioner diverted the amount from the clients of the company and received the same directly into his account. The dispute between the parties led to the registration of the present FIR. 7.

On being queried by Court, Mr. Srivastava, learned APP, on instructions from the I.O, states that no charge sheet has been filed till date in the present matter.

8.

During pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 09.04.2025 which is annexed as Annexure P-2 to the present petition.

9.

It is a term of the settlement between the parties that the petitioner shall pay a total sum of Rs. 1.50 lacs to respondent no.2 towards full and final settlement of all its claims. The entire settlement amount has already been paid by the petitioner to respondent no.2 in the manner as mentioned in the settlement.

10.

The receipt of entire amount of Rs. 1.50 lacs is acknowledged by Mr. Bipan Sharma, authorised representative of respondent no.2, who has joined through VC.

11.

Mr. Sharma, the authorised representative of respondent no.2, on a query posed by the Court, states that he has no objection in case the FIR is quashed.

12.

At this stage, apt would it be to refer to the observations of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303: (SCC p. 340, para 58) "58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor."

13.

In view of the settlement between the parties, the ultimate chances of conviction in the case are bleak, therefore, continuation of criminal proceedings will not serve any useful purpose and it will be an exercise in futility.

14.

It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed. 15.

Consequently, the petition is allowed and the FIR No.657/2024 under Section 316(4) BNS, 2023 registered at Police Station Keshav Puram alongwith all other proceedings emanating therefrom, is quashed. 16.

The petition stands disposed of in the above terms. 17.

Order be uploaded on the website of this Court. VIKAS MAHAJAN, J DECEMBER 22, 2025/dss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.