Nirmal Kumar Pathak Vs the State NCT of Delhi and Anr. — Cheating and Forgery | Delhi HC (2025)

Nirmal Kumar Pathak Vs the State NCT of Delhi and Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with Police Station Domestic Airport, New Delhi, and the proceedings emanating therefrom, quashed; Petition disposed of accordingly and Pending Applications, if any, also stand disposed of.

Issue for consideration

Whether FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 (PS Domestic Airport, New Delhi) and the proceedings emanating therefrom should be quashed in view of the One Time Settlement dated 15.01.2025 arrived at between the petitioner and respondent No. 2/complainant.

Court's answer

Considering the totality of the circumstances, including the settlement voluntarily arrived at between the parties, no fruitful purpose would be served in continuing with the FIR; it is a fit case for quashing the FIR and the proceedings emanating therefrom.

Ratio / Principle

FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with Police Station Domestic Airport, New Delhi, and the proceedings emanating therefrom, are hereby quashed.

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Ms. Justice Neena Bansal Krishna), Order dated 07.05.2025 in CRL.M.C. 1262/2025: Petition under Section 528 of BNSS, 2023 for quashing of FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with Police Station Domestic Airport, New Delhi on 26.04.2018, arising out of complaint dated 15.02.2018 by respondent No. 2 Gyan Singh alleging that petitioner Nirmal Kumar Pathak travelled in his taxi in the pretext of attachment cum hiring with Indigo Airline and issued a forged cheque of Rs.84,775/-. Following a Settlement Deed dated 15.01.2025 reached through common friends, the petitioner compensated the complainant with Rs.1,80,000/- vide Demand Draft No.444143 drawn on State Bank of India. Parties, present before the Court with their counsels and the Investigating Officer, reaffirmed the settlement terms stating they were arrived at without pressure or coercion. Considering the totality of the circumstances, the Court held that no fruitful purpose would be served in continuing with the FIR, quashed FIR No. 44/2018 and the proceedings emanating therefrom, and disposed of the petition along with pending applications.

$~52

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 1262/2025

NIRMAL KUMAR PATHAK .....Petitioner Through: Mr. Nishant Kumar, Advocate along with petitioner in person.

Versus

THE STATE NCT OF DELHI AND ANR. .....Respondents Through: Mr.Yudhvir Singh Chauhan, APP for the State with Investigating Officer, SI Prashant, PS-Domestic Airport. Mr. Ankit, Advocate for R2 with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 07.05.2025

The Petition under Section 528 of BNSS, 2023 has been filed on behalf of the Petitioner for quashing of FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with the Police Station Domestic Airport, New Delhi.

It is submitted that the respondent No.2/complainant Gyan Singh filed a complaint on 15.2.2018 against the petitioner for travelling in his Taxi in the pretext of attachment cum hiring the same with Indigo Airline and issued a forged cheque of Rs.84,775/-. On the said complaint, the aforesaid FIR against the petitioner/accused was registered on 26.04.2018.

It is further submitted that the petitioner and the respondent No. 2

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 01/07/2025 at 02:52:32

were known to each other for a long time as the petitioner was earlier residing at Delhi but now, for long, he is residing at his native place at U.P. With the intervention of common friends, on 15.01.2025, the complainant/respondent No. 2 and petitioner/accused entered into a compromise and the petitioner agreed to compensate the loss suffered by the respondent No. 2/complainant. Accordingly, a Settlement Deed dated 15.01.2025 was executed between the parties, copy of which is annexed with the present petition as Annexure P3. It was agreed upon between the parties that the petitioner shall pay Rs.1,80,000/- by way of a demand draft to the respondent No. 2 at the time of recording of statement before this Court. It is submitted that the said payment has already been received by the complainant vide Demand Draft bearing No.444143 for a sum of Rs.1,80,000/- drawn on State Bank of India

In view of the One Time Settlement dated 15.01.2025, the present Petition has been filed. 5. The parties are present along with their counsels and the Investigating Officer. Petition has been signed by the petitioner and is supported by his affidavit. The parties have reaffirmed the terms of the Settlement dated 15.01.2025 and they also submit that the said Settlement has been arrived at between the parties, without any pressure and coercion. 6. Considering the totality of the circumstances, there is no fruitful purpose will be served in continuing with the FIR. It is a fit case for quashing the FIR and the proceedings emanating therefrom. Accordingly, FIR No. 44/2018 under Sections 420/468/471/174(A) of the Indian Penal Code, 1860 registered with the Police Station Domestic Airport, New Delhi and the proceedings emanating therefrom are hereby quashed.

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 01/07/2025 at 02:52:32

The Petition is disposed of accordingly. Pending Applications, if any, also stand disposed of.

NEENA BANSAL KRISHNA, J

MAY 7, 2025 NA

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 01/07/2025 at 02:52:32