Kapil Mohan Dubey Vs State of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2025)

Kapil Mohan Dubey Vs State of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

FIR bearing No. 309/2023 registered at Police Station Hauz Qazi, District Central, Delhi for offences under Sections 406/420/34 IPC, and all consequential proceedings emanating therefrom, were quashed on the basis of the settlement between the parties; the petition stands disposed of.

Issue for consideration

Whether FIR No. 309/2023, registered at Police Station Hauz Qazi, District Central, Delhi for offences punishable under Sections 406/420/34 IPC, should be quashed on the basis of the settlement arrived at between the petitioner and respondent no. 2.

Court's answer

Since the parties have amicably resolved their differences of their own free will and without any coercion, no useful purpose would be served by continuing the proceedings, which would rather create further acrimony; it would be in the interest of justice to quash the FIR and the proceedings pursuant thereto, and there is no legal impediment in quashing the FIR in question.

Ratio / Principle

On the Court's query, respondent no. 2, identified by the concerned Investigating Officer, categorically stated that he entered into the compromise out of his own free will and without any pressure, coercion or threat, that the entire dispute has been amicably settled, and that he has no objection if the present FIR is quashed.

Key takeaways

The Court accordingly quashed FIR No. 309/2023 registered at Police Station Hauz Qazi, District Central, Delhi for offences punishable under Sections 406/420/34 of IPC, together with all consequential proceedings emanating therefrom, and disposed of the petition.ratio¶¶26

Detailed headnote1 paragraphs

Delhi High Court | W.P.(CRL) 2173/2025 | Kapil Mohan Dubey v. State of NCT of Delhi & Anr. | Order dated 16.07.2025 by Hon'ble Dr. Justice Swarana Kanta Sharma. Petition seeking quashing of FIR No. 309/2023 registered at Police Station Hauz Qazi, District Central, Delhi for offences punishable under Sections 406/420/34 IPC, arising from a dispute of 26.12.2022 between the parties over a commercial transaction involving payment and delivery of a Hyundai Creta vehicle; the FIR originated from a complaint under Section 200 read with Section 156(3) of Cr.P.C. filed before the learned Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi. During investigation the parties executed a Settlement Deed dated 08.07.2025. Respondent no. 2, identified by the IO, told the Court he had compromised out of his own free will without pressure, coercion or threat and raised no objection to quashing. Holding that continuation would serve no useful purpose and would create further acrimony, that quashing was in the interest of justice, and that there was no legal impediment, the Court quashed the FIR and all consequential proceedings and disposed of the petition.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2173/2025

KAPIL MOHAN DUBEY .....Petitioner

Through: Mr. Ayush Gupta, Advocate alongwith petitioner in person

versus

STATE OF NCT OF DELHI & ANR. .....Respondents

Through: Mr. Rahul Tyagi, ASC for the State with Mr. Sangeet Sibou and Mr. Aniket Kumar Singh, Advocates Respondent no. 2 in person

CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R % 16.07.2025

CRL.M.A. 20258/2025 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(CRL) 2173/2025

By way of the present petition, the petitioner seeks quashing of FIR bearing No. 309/2023, registered at Police Station Hauz Qazi, District Central, Delhi for the commission of offences punishable under Sections 406/420/34 of Indian Penal Code, 1860 (hereafter ‘ IPC ’) on the basis of settlement arrived at between the parties.

Issue notice. The learned APP accepts notice on behalf of the State.

The petitioner and respondent no. 2 are present before this Court and

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 19/07/2025 at 13:26:29

have been identified by their counsels and Investigating Officer concerned. 6. Briefly stated, facts of the present case are that on 26.12.2022, a dispute had arisen between the petitioner and respondent no. 2 qua a commercial transaction involving the payment and delivery of a Hyundai Creta vehicle/car. Respondent no. 2 had filed a complaint under Section 200 read with Section 156(3) of Cr.P.C. before the learned Additional Chief Metropolitan Magistrate, Tis Hazari Courts, Delhi. Based on the abovesaid complaint, the present FIR came to be registered against the present petitioner. During the pendency of the investigation, both the parties have amicably and voluntarily resolved their disputes vide Settlement Deed dated 08.07.2025 executed between them.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that he has no objection if the present FIR is quashed.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

Accordingly, FIR bearing no. 309/2023, registered at Police Station Hauz Qazi, District Central, Delhi for the commission of offences punishable under Sections 406/420/34 of IPC and all consequential

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 19/07/2025 at 13:26:29

proceedings emanating therefrom are quashed.

In view of the above, the present petition stands disposed of.

The order be uploaded on the website forthwith.

DR. SWARANA KANTA SHARMA, J

JULY 16, 2025/ns

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 19/07/2025 at 13:26:29