Sanjay Choudhary & Anr. Vs State Govt of NCT of Delhi… — Cheating and Forgery | Delhi HC (2025)

Sanjay Choudhary & Anr. Vs State Govt of NCT of Delhi… — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.333/2019 (Sections 406/420/34 IPC, P.S. Vivek Vihar, Delhi) and all proceedings emanating therefrom, subject to costs of Rs.5,000/- each by petitioner nos.1 and 2 and respondent no.2 to the Delhi High Court Staff Welfare Fund [A/C 15530110074442; IFSC UCBA0001553] within two weeks; pending application CRL.M.A. 2797/2025-Exp disposed of.

Issue for consideration

Whether FIR No.333/2019 registered under Sections 406/420/34 of the Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi, and all proceedings emanating therefrom, ought to be quashed in view of the Settlement Agreement dated 24.12.2024 between petitioner nos.1 and 2 and respondent no.2.

Court's answer

In view of the settlement arrived at between the parties, and following the law laid down by the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, continuation of FIR No.333/2019 would be an exercise in futility.

Ratio / Principle

The petition is allowed: FIR No.333/2019 registered under Sections 406/420/34 IPC at P.S. Vivek Vihar, Delhi, and all proceedings emanating therefrom, are quashed, subject to payment of costs of Rs.5,000/- each by petitioner nos.1 and 2 and respondent no.2 to the Delhi High Court Staff Welfare Fund within two weeks; failing payment, the Registry is to place the matter before the Court.

Detailed headnote1 paragraphs

Criminal writ petition under Article 226 jurisdiction of the High Court of Delhi (W.P.(CRL) 327/2025) allowed by Saurabh Banerjee, J., by order dated 17.03.2025. FIR No.333/2019, registered under Sections 406/420/34 of the Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi, and all proceedings emanating therefrom were quashed on the basis of a Settlement Agreement dated 24.12.2024 (Annexure-P5) between petitioner nos.1 and 2 and respondent no.2. The parties, identified and verified by the Investigating Officer, appeared in Court; respondent no.2 affirmed the settlement, acknowledged receipt of the final instalment of Rs.15,00,000/- in full and final settlement of all his claims, and stated that he had voluntarily, without pressure or coercion, settled all disputes and had no objection to quashing. The learned ASC for the State raised no objection subject to costs. Following Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court held that continuation of the FIR would be an exercise in futility. Quashing was made subject to payment of costs of Rs.5,000/- each by petitioner nos.1 and 2 and respondent no.2 to the Delhi High Court Staff Welfare Fund (A/C 15530110074442; IFSC UCBA0001553) within two weeks, failing which the Registry was directed to place the matter before the Court. The petition along with the pending application (CRL.M.A. 2797/2025-Exp) stood disposed of.

$~59

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 327/2025, CRL.M.A. 2797/2025-Exp

SANJAY CHOUDHARY & ANR. .....Petitioners

Through: Ms. Aarohi Mikkilineni, Advocate through VC

versus

STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Adv. and SI Sonu, PS: Vivek Vihar.

Ms. Meenal Duggal, Mr. Aakash Rana and Mr. Rishikesh Deo, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 17.03.2025

The petitioner nos. 1 and 2 vide the present petition, seek quashing of FIR No.333/2019 registered under Sections 406/420/34 of the Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi and all proceedings emanating therefrom in view of the Settlement Agreement dated 24.12.2024 entered between the petitioner nos.1 and 2 and the respondent no.2.

The present petition is accompanied by the said Settlement Agreement dated 24.12.2024 (Annexure-P5) and is also supported by the identity cards of the parties.

The petitioner nos.1 and 2 and the respondent no.2 are present in

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 19/03/2025 at 12:22:49

Court and have been identified by the Investigating Officer. Moreover, the credentials of petitioner nos.1 and 2 as also of the respondent no.2, as on record, have also been duly verified by the Investigating Officer.

The respondent no.2 affirms the Settlement Agreement dated 24.12.2024 and states that he has received the final instalment of Rs.15,00,000/- in full and final settlement of all his claims from the petitioner nos.1 and 2. He confirms that all disputes inter se the parties stand amicably settled in view of the aforesaid Settlement Agreement and he has voluntarily, without any pressure and/ or coercion of any kind, settled all disputes with the petitioner nos. 1 and 2 as also since he does not wish to pursue the criminal proceedings against the petitioner nos. 1 and 2 and he has no objection to the quashing of the present FIR.

Learned ASC for the State submits that she too has no objections to the quashing of the aforesaid FIR subject to the imposition of some cost on the parties. 6. In view of the settlement arrived at between the parties and following the law as laid down by the Hon’ble Supreme Court in Gian Singh vs. State of Punjab & Anr. (2012) 10 SCC 303 and Narinder Singh & Ors. vs. State of Punjab & Anr. (2014) 6 SCC 466 , this Court is of the opinion that continuation of the aforesaid FIR will be an exercise in futility.

Accordingly, the present petition is allowed and FIR No.333/2019 registered under Sections 406/420/34 Indian Penal Code, 1860 at P.S. Vivek Vihar, Delhi and all proceedings emanating therefrom are quashed, subject to payment of costs of Rs.5,000/- each by the petitioner nos.1 and 2 as also the respondent no.2 with the Delhi High Court Staff Welfare

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 19/03/2025 at 12:22:49

Fund [A/C 15530110074442; IFSC UCBA0001553] within a period of two weeks.

Needless to say, if the said cost is not paid within the aforesaid period of two weeks, the Registry is directed to place the matter before the Court.

Accordingly, the present petition alongwith the pending application stands disposed of.

SAURABH BANERJEE, J

MARCH 17, 2025/So

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 19/03/2025 at 12:22:49