Allowed¶45

Rajeev Kumar v. State through SHO Ps Rajinder Nagar and Anr.

Delhi HC2 May 2025CRL.M.C./2340/2025

Case brief

AI extract

What is this about?

Quashing of FIR on settlement/compromise; Section 528 BNSS 2023 petition; FIR No. 0161/2012 (10.10.2012), PS Rajinder Nagar, Sections 379/411 IPC (theft/stolen property); misuse of stolen credit card; NOC by complainant (Respondent No. 2); Joint Registrar verification of genuine consent; no objection by State APP; Gian Singh v. State of Punjab (2012) 10 SCC 303 relied upon; FIR, charge sheet and consequential proceedings quashed; Delhi High Court, 02.05.2025, Ravinder Dudeja, J.; CRL.M.C. 2340/2025.

What did the court decide?

Quashing of FIR No. 0161/2012 dated 10.10.2012 registered at P.S. Rajinder Nagar under Sections 379/411 IPC, along with the charge sheet and all consequential proceedings emanating therefrom; pending applications, if any, disposed of. ¶45

Rajeev Kumar Vs State through SHO Ps Rajinder Nagar and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶45

Issue for consideration

Whether FIR No. 0161/2012 dated 10.10.2012 registered at P.S. Rajinder Nagar under Sections 379/411 IPC, and all proceedings emanating therefrom, should be quashed on the basis of the settlement between the parties. +1 more

¶15

Court's answer

In view of the settlement between the parties and the fact that they have put a quietus to the dispute, no useful purpose will be served in continuing with FIR No. 0161/2012 dated 10.10.2012 registered at P.S. Rajinder Nagar under Sections 379/411 IPC and the consequential proceedings emanating therefrom.

¶41

Ratio / Principle

In the interest of justice, the petition is allowed and FIR No. 0161/2012 dated 10.10.2012 registered at P.S. Rajinder Nagar under Sections 379/411 IPC, along with the charge sheet and all other consequential proceedings emanating therefrom, is quashed.

¶42

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.) allowed CRL.M.C. 2340/2025 filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Rajeev Kumar seeking quashing of FIR No. 0161/2012 dated 10.10.2012 registered at P.S. Rajinder Nagar under Sections 379/411 IPC, arising out of misuse of a stolen credit card belonging to Respondent No. 2. The parties had amicably settled their disputes; Respondent No. 2 tendered his NOC (Annexure C); the Joint Registrar (orders dated 07.04.2025) recorded the statements of both parties and found their consent genuine and free from coercion or undue influence. Before the Court, Respondent No. 2 (through VC) and the State (through learned APP) raised no objection to quashing. Relying on Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Court held that no useful purpose would be served in continuing with the FIR and quashed the FIR along with the charge sheet and all consequential proceedings; pending applications were disposed of.

¶1

$~68

¶2

*** IN THE HIGH COURT OF DELHI AT NEW DELHI**

¶3

% Date of decision: 02.05.2025

¶4

CRL.M.C. 2340/2025

¶5

RAJEEV KUMAR

¶6

.....Petitioner

¶7

Through: Petitioner in person with Mr. Rishi Kant Mishra & Mr. Rajiv Singh, Advocates

¶8

versus

¶9

STATE (NCT OF DELHI) & ANR.

¶10

… Respondents

¶11

Through: Ms. Shubhi Gupta, APP for the State with SI Gaurav Kumar, PS Rajinder Nagar Respondent No. 2 is present through VC Mr. Raajan Aggarwal, Advocate for Respondent No. 2

¶12

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

¶13

JUDGMENT (ORAL)

¶14

RAVINDER DUDEJA, J.

¶15

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0161/2012, dated 10.10.2012 registered at P.S Rajinder Nagar under sections

¶16

CRL.M.C. 2340/2025 Page 1 of 5

¶17

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 3.05.2025 10:46:49

¶18

379/411 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

¶19

The Petitioner misused the stolen credit card belonging to the Respondent No.2 for purchasing things. The Respondent No.2 after receiving a message regarding a purchase being made from his stolen credit card, contacted the police and thereafter the Petitioner was apprehended and FIR was lodged against him under Section 379/411 IPC.

¶20

During the proceedings, the parties have amicably resolved their disputes. The Respondent No.2 has tendered his NOC for quashing of FIR No. 0161/2012 and the copy of the same has been placed on record as Annexure C.

¶21

The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:-

¶22

“07.04.2025

¶23

The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of the FIR NO. 161/2012 Under Sections 66B/66C I.T. ACT registered at P.S. Rajinder Nagar on the basis of settlement arrived at between the parties.

¶24

As per the submissions, the matter between the petitioner and R- 2 has been amicably settled.

¶25

Vide separate statement recorded in this behalf, petitioner stated 'I that dispute between him and R-2 has been amicably settled as

¶26

CRL.M.C. 2340/2025 Page 2 of 5

¶27

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 3.05.2025 10:46:49

¶28

per the settlement. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. Vide separate statement recorded in this behalf, R-2 stated that dispute between R-2 and petitioner has been amicably settled as per the settlement. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure.

¶29

Investigating Officer is present in Court and has duly verified the identity of both the parties.

¶30

The parties along with their counsels have confirmed that the settlement deed has been duly entered into between them.

¶31

Learned counsel for State/APP enters appearance and accepts notice. He submits that in view of the statement recorded, let the matter be placed before the Hon'ble Court.

¶32

The compromise/settlement deed is in writing and has been duly signed by both the parties. I have heard both the parties and from the direct dialogue with both the parties, it is observed that the consent of both the parties is found to be genuine and has not been obtained under undue influence or pressure.

¶33

In view of the above, matter be placed before the Hon'ble Court on 02.05.2025.

¶34

Petitioner is physically present before the Court while respondent No. 2 entered his appearance through VC. They have been identified by their respective counsels as well as by the Investigating Officer SI Gaurav Kumar from PS Rajinder Nagar.

¶35

Respondent No.2 confirms that the matter has been settled with the petitioner without any force, fear, coercion and has no objection if the FIR No. 0161/2012 is quashed against the petitioner.

¶36

CRL.M.C. 2340/2025 Page 3 of 5

¶37

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 3.05.2025 10:46:49

¶38

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0161/2012 is quashed.

¶39

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:-

¶40

"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."

¶41

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. 0161/2012, dated 10.10.2012 registered at P.S Rajinder Nagar under sections 379/411 IPC and all the other consequential proceeding emanating therefrom.

¶42

In the interest of justice, the petition is allowed, and FIR No. 0161/2012, dated 10.10.2012 registered at P.S Rajinder Nagar under sections 379/411 IPC along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

¶43

CRL.M.C. 2340/2025 Page 4 of 5

¶44

Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Da te:0 3.05.2025 10:46:49

¶45