[Cites 5, Cited by 0]
Delhi High Court
Valani Prateek Bhikabhai & Anr vs The State Govt Of Nct Of Delhi & Anr on 4 December, 2025
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.12.2025
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+ CRL.M.C. 9371/2024& CRL.M.A. 35951/2024 DELAY 179
DAYS IN RE-FILING OF PETITION
VALANI PRATEEK BHIKHABHAI & ANR.
.....Petitioners
Through: Mr. Kapil Kataria, Mr. Rishabh
Jain and Mr. Sunil Sangwan,
Advs.
versus
THE STATE GOVT OF NCT OF DELHI & ANR.
.....Respondent
Through: Mr. Nawal KIshore Jha, APP
with SI Ankit Sharma and HC
Surender Singh.
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. 01/2023, dated
02.01.2023, registered at P.S Cyber Police Station, South, 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, respondent
no.2/complainant was duped of Rs. 5,398/- by petitioners under the
pretext of purchasing two Symphony Hicool room air coolers
from website (www.nexa7.com) operated by petitioners. Chargesheet
has since been filed under section 420/120B IPC against the
petitioners.
3. During the course of proceedings, the parties amicably resolved
their disputes and terms of settlement were reduced in the form of
Memorandum of Understanding dated 09.02.2024. It is submitted that
petitioners have paid the entire settlement amount of Rs. 5,400/-
(Rupees Five Thousand Four Hundred only) to respondent no. 2 as per
the schedule in the settlement. Copy of the Memorandum of
Understanding dated 09.02.2024 has been annexed as Annexure P-3.
4. All parties are physically present before the Court. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Ankit Sharma, from PS Cyber Police Station,
South.
5. Respondent No. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and he has
received the entire settlement amount and has no objection if the FIR
No. 01/2023 is quashed against the Petitioners.
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. 01/2023 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. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 01/2023, dated
02.01.2023, registered at P.S Cyber Police Station, South, Delhi under
section 420 IPC and all the other consequential proceeding emanating
therefrom is hereby quashed subject to petitioners depositing cost of
Rs. 5,000/- each with DHCBA Cost Account, bearing account no.
15530110179338, maintained with UCO Bank, within a period of one
month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
December 04, 2025
SK
