Delhi High Court
Balram Dhibar And Anr vs The State Govt Of Nct Of Delhi And Anr on 5 August, 2025
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.08.2025
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+ CRL.M.C. 5245/2025 & CRL.M.A. 22676/2025 EXEMPTION
BALRAM DHIBAR & ANR. .....Petitioners
Through: Mr. Narender Singh & Mr.
Manish Tomar, Advs. along
with petitioners in person.
versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR.
... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Hanshul Gupta
R-2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 0064/2022, dated
17.06.2022, registered at P.S Cyber Police Station, North, Delhi under
Sections 420 IPC and all proceedings emanating therefrom on the
basis of settlement between the parties.
2. As per averments made in the FIR, Petitioners allegedly
impersonating as Health insurance agents over a call duped
Respondent No. 2 of Rs. 19,325/- from his bank account and credit
cards. Subsequently, FIR No. 0064/2022 was lodged at instance of
Respondent No. 2 at PS Cyber Police Station, North, Delhi under
Sections 420 IPC.
3. It is submitted that the parties have amicably resolved their
disputes and executed a Certificate of Compromise dated 09.07.2025.
In respect of the aforesaid settlement, Petitioners have paid the duped
amount of Rs. 19,325/- back to Respondent No. 2 and subsequently
have been granted bail by the Ld. ASJ, Tis Hazari, Delhi.
4. Both Parties are physically present before the Court. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Hanshul Gupta from PS Cyber Police Station.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and he has
no objection if the FIR No. 0064/2022 is quashed against the
Petitioners. He has filed an affidavit giving his 'No Objection'.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0064/2022 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. In view of the aforesaid circumstances and the fact that parties
have put a quietus to the dispute, no useful purpose will be served in
continuing with the present FIR No. 0064/2022, dated 17.06.2022,
registered at P.S Cyber Police Station, North, Delhi under section 420
IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0064/2022, dated 17.06.2022, registered at P.S Cyber Police Station,
North, Delhi under section 420 IPC and all the other consequential
proceeding emanating therefrom is hereby quashed, subject to
petitioners depositing cost of Rs. 10,000/- each with the Delhi High
Court Advocates Welfare Fund (Account No. 15530110179338),
maintained by UCO Bank, Delhi High Court, within a period of one
month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
August 05, 2025
SK
