Vipin Goel and Ors. Vs State of NCT of Delhi and Anr.

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4629/2025 & CRL.M.A. 20116/2025

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VIPIN GOEL AND ORS .....Petitioners

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Through: Mr. Himanshu Rao, Adv. along with petitioners

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versus

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STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Raghuinder Verma, APP for State with Mr. Aditya Vikram Singh, Adv. SI Sunil Gahlot, PS Safdarjung Enclave Adv. for R-2 along with R-2 in person (appearance not given)

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CORAM:

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HON'BLE MR. JUSTICE AJAY DIGPAUL

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O R D E R % 13.10.2025

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1. The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) [earlier Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”)] has been filed by the petitioners praying for quashing of FIR No. 364/2021 registered at Police Station Safdarjung Enclave for the offences punishable under Sections 406/420 of the Indian Penal Code, 1860 (hereinafter “IPC”).

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2. The brief facts of the case are that the petitioners, in conspiracy with each other, induced respondent no. 2 to part with money on the false pretext of providing a business opportunity/investment return and thereafter failed to fulfil their promises. It was further alleged that despite repeated demands,

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This is a digitally signed order.

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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 25/10/2025 at 11:31:23

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the amount was neither refunded nor the promised good/services delivered, and threatened respondent no. 2 with dire consequences.

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3. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners and respondent no. 2 have settled their disputes amicably and are now moving forward towards a peaceful and harmonious future. 4. Memorandum of Understanding (hereinafter “MoU”) dated 28.02.2022 is on record and has been annexed as Annexure A-2. In pursuance of the said settlement, the petitioners have agreed to pay a total sum of ₹10,00,000/- to respondent no. 2. Respondent no. 2 has agreed to withdraw the case arising out of FIR No. 364/2021 registered at Police Station Safdarjung Enclave against the petitioners.

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5. It is prayed by the learned counsel appearing on behalf of the parties that the instant FIR may be quashed on the basis of the compromise.

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6. Learned APP for the State, who appears on advance notice, accepts notice and submits that there is no opposition to the prayer made by the petitioners seeking quashing of the FIR in question in view of the settlement arrived at between the parties.

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7. Heard learned counsel for the parties and perused the record.

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8. The petitioners are present before this Court and have been identified by their counsel and Investigating Officer, Police Station Safdarjung Enclave. Respondent no. 2 is also present in the Court and has been identified by his counsel and the Investigating Officer.

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9. On a query made by this Court, respondent no. 2 has categorically stated that he has entered into compromise on his own free will and without any pressure. It is also stated by him that he has received the total sum of

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This is a digitally signed order.

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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 25/10/2025 at 11:31:23

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₹10,00,000/- from the petitioners and he has further submitted entire dispute has been amicably settled between the parties.

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10. Keeping in view the fact that the matter stands amicably settled between the petitioners and respondent no. 2 without any pressure, no fruitful purpose would be served by keeping the matter pending. 11. In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them. 12. It is, thus, in the interest of justice to quash the afore-mentioned FIR and the proceedings emanating therefrom. 13. In the present case, the State machinery has been put into motion and the judicial time has also been wasted, it is deemed appropriate to impose cost on the petitioners as well as respondent no. 2. In the facts and circumstances of the present case, the petitioners are directed to deposit a cost of Rs.10,000/- each with the CDCBA Members Welfare Fund, Account bearing No. 33640110020388 (IFSC Code: UCBA0003364) maintained with the UCO Bank, Rouse Avenue Court Complex, New Delhi within a period of two weeks from today.

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14. Respondent no. 2 is directed to deposit a cost of Rs.10,000/- with the NDBA Members Welfare Fund, Account bearing No. 18580110013847 (IFSC Code: UCBA0001858) maintained with the UCO Bank, Patiala House Court Complex, New Delhi within a period of two weeks from today. 15. Hence, in light of the judgment of the Hon’ble Supreme Court passed in Gian Singh vs. State of Punjab (2012) 10 SCC 303 , FIR No. 364/2021 registered at Police Station Safdarjung Enclave for the offences punishable under Sections 406/420 of the IPC, and consequent proceedings emanating

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This is a digitally signed order.

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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 25/10/2025 at 11:31:23

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therefrom, are quashed qua the present petitioners, subject to payment of cost of Rs. 10,000/- each by the petitioners as well as respondent no. 2. 16. The receipt of payment is to be deposited and verified by the concerned IO.

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17. The petition along with pending application(s), if any, stands disposed of.

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AJAY DIGPAUL, J

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OCTOBER 13, 2025 /ar/dd

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This is a digitally signed order.

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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 25/10/2025 at 11:31:23

Vipin Goel and Ors. v. State of NCT of Delhi and Anr.

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Vipin Goel and Ors. v. State of NCT of Delhi and Anr.

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