Disposed¶17

Sanjeev Bhardwaj & Anr. v. State of NCT of Delhi & Anr.

Delhi HC6 Mar 2025W.P.(CRL)/515/2020

Case brief

AI extract

What is this about?

Quash petition W.P.(CRL) 515/2020; FIR No. 063/2017 Police Station Dwarka North South West Delhi; Section 420 IPC; Section 174A IPC added after accused declared offender; Section 82 Cr.P.C. offender declaration; Articles 226/227 Constitution with Section 482 CrPC 1973; amicable settlement recorded before JMFC July 2024 (dates 25.07.2024 and 27.07.2024 both stated); Respondent No. 2 affirmed receipt of settlement amount through VC; FIR and proceedings emanating therefrom quashed; Petition disposed of; Justice Neena Bansal Krishna; order dated 06.03.2025.

What did the court decide?

Quashing of FIR No. 063/2017, under Sections 420/174A IPC, registered at Police Station Dwarka North, South West, Delhi, together with all proceedings emanating therefrom; the Petition was accordingly disposed of. ¶17

Sanjeev Bhardwaj & Anr. Vs State of NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No. 063/2017 registered at Police Station Dwarka North, South West, Delhi under Section 420 IPC (later carried under Sections 420/174A IPC) and the proceedings emanating therefrom should be quashed in view of the amicable settlement between the parties. +1 more

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Court's answer

FIR No. 063/2017, under Sections 420/174A IPC, registered at Police Station Dwarka North, South West, Delhi, and proceedings emanating therefrom, are hereby quashed.

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Ratio / Principle

Since the offence under Section 420 IPC has already been settled between the parties and Respondent No. 2, who appeared through VC, has affirmed receipt of the settlement amount, no fruitful purpose would be served in continuing with the proceedings arising out of the FIR in question.

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Detailed headnote1 paragraphs

W.P.(CRL) 515/2020 | Delhi High Court (Hon'ble Ms. Justice Neena Bansal Krishna) | Order dated 06.03.2025 | Petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 by Sanjeev Bhardwaj & Anr. seeking quashing of FIR No. 063/2017 registered at Police Station Dwarka North, South West, Delhi, originally under Section 420 of the Indian Penal Code, 1860. A chargesheet was subsequently filed also under Section 174A IPC, added because the Petitioner had been declared an offender under Section 82 Cr.P.C.; counsel submitted that an MM court lacks power to quash the Section 174A IPC FIR. An amicable settlement had been recorded before the learned JMFC (dates stated variously as 25.07.2024 in para 1 and 27.07.2024 in para 2), and Respondent No. 2, present through VC, affirmed receipt of the settlement amount. Finding that no fruitful purpose would be served in continuing the proceedings, the High Court quashed FIR No. 063/2017 under Sections 420/174A IPC and all proceedings emanating therefrom, and disposed of the Petition.

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 515/2020

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SANJEEV BHARDWAJ & ANR. .....Petitioners Through: Mr. Vipin Kumar Anand & Mr.Veer Pratap Singh, Advocates

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versus

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STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Anmol Sinha, Additional Standing Counsel with Mr. Kshitiz Garg, Ms. Chgavi Lazarus, Ms. Sanskriti Nimbekar, Mr. Rahul Kochar & Mr. Ashvani, Kumar, Advocates with W/SI Shiksha Mr. Manuj Mahajan, Respondent No.2 (through VC)

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CORAM:

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

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% 06.03.2025

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The present Petition under Articles 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioners seeking to quash FIR No. 063/2017, under Section 420 of the Indian Penal Code, 1860, registered at Police Station Dwarka North, South West, Delhi. It is submitted that the matter has been amicably settled between the parties and the settlement has already been recorded before the learned JMFC on 25.07.2024. It is further submitted that subsequently, the Chargesheet

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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 11/03/2025 at 12:12:51

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under Section 420 as well as under Section 174A of the Indian Penal Code, 1860 was filed.

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Learned counsel for the Petitioner has submitted that an amicable settlement in respect of offence under Section 420 IPC has been arrived between the parties and the settlement has been recorded before the learned JMFC on 27.07.2024. However, subsequently, Section 174A IPC was added, as the accused had been declared an Offender. It is submitted that the Court of learned MM does not have the power to quash the FIR for the offence under Section 174A IPC and thus, the present Petition has been filed.

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3. Submissions heard and record perused.

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Essentially, offence under Section 174 A IPC was added on account of Petitioner having been declared offender under Section 82 Cr.P.C. However since the offence under Section 420 IPC has already been settled between the parties and Respondent No.2, who has appeared through VC, has affirmed receipt of the settlement amount; no fruitful purpose would be served in continuing with the proceedings arising out of FIR in question.

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In view of the above, FIR No. 063/2017, under Sections 420/174A IPC, registered at Police Station Dwarka North, South West, Delhi and proceedings emanating therefrom are hereby quashed.

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The Petition is accordingly disposed of.

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NEENA BANSAL KRISHNA, J

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MARCH 06, 2025

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Sanjeev Bhardwaj & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Sanjeev Bhardwaj & Anr. v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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