Mrs Deborah Kitto & Anr. Vs State Govt. of NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

Mrs Deborah Kitto & Anr. Vs State Govt. of NCT of Delhi and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC at P.S. Saraswati Vihar and the proceedings emanating therefrom; the Petition alongwith pending Applications stands disposed of

Issue for consideration

Whether FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC and the proceedings emanating therefrom should be quashed in view of the amicable Oral Settlement between the Petitioners and Respondent No. 2

Court's answer

Since the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose would be served in continuing with the proceedings, which would instead create further acrimony; it is therefore in the interest of justice to quash the FIR and the proceedings pursuant thereto

Ratio / Principle

In view of the terms of the Settlement, FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC at P.S. Saraswati Vihar and the proceedings emanating therefrom are quashed

Detailed headnote1 paragraphs

Quashing of FIR — Compounding of offence through settlement — Petitioners and Respondent No. 2 appeared in person before the High Court of Delhi and were identified by the Investigating Officer; they had amicably settled all differences by way of an Oral Settlement certified vide Certificate dated 04.02.2025 and undertook to remain bound by its terms voluntarily and without coercion. Alleged offence arose from an attempt to use the Complainant's credit card for purchase of jewellery; the Petitioners were caught red handed before the card could be used for payment, so no loss was caused to the Complainant. Since the parties had resolved their differences out of their own free will, continuing the proceedings would serve no useful purpose and would create further acrimony; accordingly, FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC at P.S. Saraswati Vihar and the proceedings emanating therefrom were quashed, and the petition under Section 482 CrPC, 1973 read with Section 528 BNSS, 2023 alongwith pending applications was disposed of.

$~41

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2090/2025, CRL.M.A. 9382/2025 & CRL.M.A. 9383/2025

MRS DEBORAH KITTO & ANR. .....Petitioners Through: Mr. Vipin Bhasker, Advocate with Petitioners in person

versus

STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Utkarsh, APP for the State with SI Parveen, P.S. Subhash Place R-2 in person

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

% 16.07.2025

Petition under Section 482 of the Code of Criminal Procedure, 1973 read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners for quashing of FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC at P.S. Sawaswati Vihar and the proceedings emanating therefrom in terms of the Oral Settlement certified vide Certificate dated 04.02.2025.

The FIR No. 0779/2002 was got registered under Sections 419/420/467/468/471/120B IPC at P.S. Sawaswati Vihar on the basis of complaint made by the Complainant for cheating, forgery, mischief and fraud committed by the Petitioners.

The Petitioners and the Respondent No. 2 are present before this Court in person and have been identified by the Investigating Officer.

It is submitted that the Petitioners had tried to use the credit card of

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 18/07/2025 at 11:50:49

the Complainant/Respondent No. 2 for purchase of jewelry but they were caught red handed and they failed in their attempt. No loss has been caused to the Complainant/Respondent No. 2 as the Petitioners were apprehended before the card could be used for payment.

Both the parties submit that they have amicably settled all differences by way of Oral Settlement certified vide Certificate dated 04.02.2025. Therefore, the Petition be quashed.

The parties have endorsed the amicable Settlement certified vide Certificate dated 04.02.2025 and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Oral Settlement.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

In view of the terms of the Settlement, the FIR No. 0779/2002 registered under Sections 419/420/467/468/471/120B IPC at P.S. Saraswati Vihar and the proceedings emanating therefrom are hereby quashed.

The Petition alongwith pending Applications, stands disposed of.

NEENA BANSAL KRISHNA, J

JULY 16, 2025 N

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 18/07/2025 at 11:50:49