Delhi High Court
Sumit Bhattacharya vs The State Of Nct Of Delhi & Ors on 23 July, 2025
$~90
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23.07.2025
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+ CRL.M.C. 4864/2025 & CRL.M.A. 21071/2025 EXEMPTION
SUMIT BHATTACHARYA .....Petitioner
Through: Mr. Shlok, Mr. Rohit Kumar
Yadav, Ms. Loshu Artiana and
Ms. Chetna, Adv.
Petitioner in person.
versus
THE STATE OF NCT OF DELHI & ORS. ... Respondents
Through: Mr. Hitesh Vali, APP for the
State with SI Naresh Kumar,
P.S.Bindapur.
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. 0969/2020, dated
03.10.2020,registered at P.S Bindapur, Delhi under Sections 419 IPC
and all proceedings emanating therefrom on the basis of settlement
between the parties.
2. As per allegations in the FIR, Respondent No. 3, Director of
British Academy for English Language (BAFEL), alleged that the
petitioner in collusion, engaged in fraudulent activities by establishing
and operating a parallel institute under the name "BELS" (British
English Language School), thereby using forged documents,
misappropriating the name, logo, and goodwill of BAFEL, issuing
fake receipts on pretext of affiliation with BAFEL. He also alleged
that when petitioner was confronted, he resorted to criminal
intimidation, issued threats, and physically assaulted Respondent No.
3 and his wife. Subsequently, FIR No. 0969/2020, dated 03.10.2020
was lodged at instance of Respondent No. 3 at P.S Bindapur, Delhi
under section 419 IPC.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Settlement dated 08.02.2023 at Delhi
Mediation Centre, Karkardooma Courts, Delhi. The copy of
Settlement dated 08.02.2023 has been placed on record as Annexure
P-3.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer SI Naresh Kumar from PS Bindapur.
5. Respondent No. 3 confirms that the matter has been amicably
settled with the petitioner without any force, fear, coercion and he has
no objection if the FIR No. 0969/2020 is quashed against the
Petitioner.
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. 0969/2020 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. 0969/2020, dated 03.10.2020,
registered at P.S Bindapur, Delhi under section 419 IPC and all the
other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
0969/2020, dated 03.10.2020, registered at P.S Bindapur, Delhi under
section 419 IPC and all the other consequential proceeding emanating
therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 23, 2025
SK
