Allowed

Rahul Yadav & Ors. v. State of Delhi & Anr.

Delhi HC15 Feb 2024CRL.M.C./2054/2022

Case brief

AI extract

What is this about?

Single judge allowed a petition under Section 482 CrPC to quash an FIR and subsequent proceedings due to a mutual settlement. The court noted the complainant did not oppose and no other complaints were found, deeming it necessary to prevent acrimony and burden on exchequer.

What did the court decide?

FIR No.0003/2022 and all consequential proceedings quashed subject to deposit of Rs.25,000/- each with Delhi State Legal Services Authority within two weeks.

Rahul Yadav & Ors. Vs State of Delhi & Anr. — Cheque Dishonour | Delhi HC (2024)

¶1

$~33

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

CRL.M.C. 2054/2022 RAHUL YADAV & ORS.

¶4

..... Petitioners Through: Mr.Arjun Kakkar, Adv. (through VC)

¶5

versus

¶6

STATE OF DELHI & ANR.

¶7

..... Respondents Through: Mr.Aman Usman, APP. SI Amrish Giri, PS Cyber East. Mr.Varun Kumar, Adv. for R-2 (through VC).

¶8

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA O R D E R

¶9

% 15.02.2024 1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking quashing of FIR No.0003/2022 registered at Police Station: Cyber Police Station, East-District, Delhi, under Sections 420/468/471/120-B/34 of the Indian Penal Code, 1860 (in short, ‘IPC’), along with all other proceedings arising therefrom, on the basis of a settlement.

¶10

The dispute arises out of the alleged dishonest inducement by the petitioners on the pretext of providing job to the complainant and taking money from the respondent no. 2.

¶11

The learned counsel for the petitioners submits that the parties have amicably settled their inter se disputes and have entered into a settlement vide Memorandum of Understanding dated 24.02.2022.

¶12

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:42:06

¶13

In the order dated 12.12.2022, the statement of the respondent no.2/complainant was recorded that she has received the amount paid by her and does not oppose the present petition seeking quashing of the FIR. However, as this Court wanted to satisfy itself if there were other persons who had a similar complaint against the petitioner, a fresh status report was called for.

¶14

A status report dated 11.08.2023 has now been filed, which states that on inquiry it is found that for the alleged mobile number and the bank account, which were found to be involved in the present FIR, there are no other complaints received nor any complainant has been found cheated through them.

¶15

I have perused the contents of the FIR, Charge Sheet, and also the settlement between the parties. 7. Keeping in view the fact that the respondent no.2 does not wish to pursue her complaint any further, as also the Settlement arrived at between the parties, I find that no useful purpose shall be served in continuing with the proceedings of the present FIR as the chances of its success will be rather minuscule and it would rather create further acrimony between the parties and will be an unnecessary burden on the State exchequer.

¶16

Guided by the principles enunciated by the Supreme Court in its judgments in Gian Singh v. State of Punjab , (2012) 10 SCC 303; Parbatbhai Aahir @ Parbatbhai Bhimsinbhai Karmur & Ors. v. State of Gujarat & Ors. (2017) 9 SCC 641 and State of Haryana & Ors. v. Bhajan Lal & Ors. 1992 Supp (1) SCC 3, this Court deems it appropriate, in the interest of justice, to exercise its inherent powers

¶17

This is a digitally signed order.

¶18

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:42:06

¶19

under Section 482 of the Cr.P.C. to quash the FIR and all the proceedings emanating therefrom.

¶20

Accordingly, the petition is allowed. FIR No.0003/2022 registered at Police Station: Cyber Police Station, East-District, Delhi under Sections 420/468/471/120-B/34 of IPC and all consequential proceedings emanating therefrom against the petitioners are quashed, subject to the condition that the petitioners deposit costs of Rs.25,000/- each with the Delhi State Legal Services Authority within a period of two weeks from today, and file proof of such deposit with the Registry of this Court and also supply a copy thereof to the IO, within the said period.

¶21

The costs so deposited shall be utilised by the Delhi State Legal Services Authority for providing support to the Acid Attack Victims requiring such assistance.

¶22

NAVIN CHAWLA, J

¶23

FEBRUARY 15, 2024 /rv/ss

¶24

Click here to check corrigendum, if any

¶25

Rahul Yadav & Ors. v. State of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Rahul Yadav & Ors. v. State of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sushil Kansal and Others Vs State(Nct of Delhi) and Anor

X Vs State NCT of Delhi & Anr.

Tdi Infrastructure Ltd. Vs Govt. of NCT of Delhi & Ors.

Jai Parkash & Ors. Vs State NCT of Delhi & Anr.

Rohit & Ors. Vs State Govt of NCT of Delhi & Anr.

Shiv Kumar Pal and Others Vs State and Anr.