Kamlesh Kumar Vs State of NCT of Delhi & Ors.

Through: Ms. Richa Dhawan, APP for the State with SI Kenish, PS – Punjabi Bagh. Mr. Sanket Khandelwal, Advocate for respondents with respondent no. 3, Mr. Pankaj Gupta in person (through VC).

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CORAM: HON'BLE MR. JUSTICE ARUN MONGA

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O R D E R % 11.09.2025

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Petitioner herein seeks quashing of an FIR No. 090/2023 dated 23.02.2023 registered at Police Station Punjabi Bagh for the offences punishable under Section 406, 420 and 34 of IPC, along with all consequential proceedings arising therefrom, on the basis of the compromise between the parties.

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Complainant of the FIR joins the proceedings in person through VC. It is now stated that FIR in question was a result of misunderstanding between the parties. The parties had entered into an Agreement to Sell on

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CRL.M.C. 6447/2025

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Page 1 of 3

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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 24/09/2025 at 12:49:07

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27.08.2020, however, owing to disputes, the agreement was not be executed, leading to the registration of the present FIR.

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Learned counsel for the petitioners submit that the parties have now amicably settled the matter vide MOU/ Settlement Deed dated 10.01.2024. He further submits that affidavits of the parties have been filed which are not disputed.

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Learned counsel for the petitioners further submits that, in view of the compromise between the parties and as Respondents are not inclined to press charges, the FIR in question along with all consequential proceedings arising therefrom may be quashed. He also urges that since the charges have not yet been framed and no charge sheet has been filed, it would be in the interest of justice to bring the dispute between the parties to a quietus.

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In response to a Court query, both the counsel for Respondent No. 2 and the learned APP for the State concur with the factum of the compromise between the parties and convey their no objection to the quashing of the FIR.

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In the aforesaid backdrop, I have heard learned counsels for the parties and have perused the case file.

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Respondent No.3/ complainant, upon a query, candidly submits that the settlement has been arrived at voluntarily, without any duress or coercion. He further states that the dispute was essentially civil in nature but was mistakenly given a criminal colour. He now does not wish to press any charges in view of the compromise. He also confirms that the settlement amount has been received in full and nothing remains payable.

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Thus, the transaction arising out of the agreement which resulted in the FIR seems to be an outright civil dispute rather than deliberate attempt of

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CRL.M.C. 6447/2025

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Page 2 of 3

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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 24/09/2025 at 12:49:07

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cheating or forgery.

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Having interacted with the complainant and considering the nature of the dispute, it appears to be private and civil, arising from a financial transaction, and lacking any public or societal interest. 10. The matter, which seems to have arisen from misunderstandings between the parties, has been amicably resolved. Continuation of criminal proceedings would serve no useful purpose, constitute an abuse of the process of law, and place unnecessary burden on the judicial system/prosecution. Quashing the FIR in question would rather promote peace and harmony between the parties, particularly as the complainant does not wish to pursue the case further.

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Accordingly, invoking inherent powers vested with this Court under Section 528 of the BNSS, it is deemed expedient to quash the FIR in question. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. He urges that the impugned FIR and all consequential proceedings may be quashed on the basis of compromise.

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The instant petition is thus allowed. The criminal proceedings arising out of FIR No. 090/2023 dated 23.02.2023 registered at Police Station Punjabi Bagh, for the offences punishable under Section 406, 420 and 34 of IPC, along with all consequential proceedings arising there from are hereby quashed.

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The petition stands disposed of.

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ARUN MONGA, J

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SEPTEMBER 11, 2025/ kd

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CRL.M.C. 6447/2025

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Page 3 of 3

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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 24/09/2025 at 12:49:07

Kamlesh Kumar v. State of NCT of Delhi & Ors.

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Kamlesh Kumar v. State of NCT of Delhi & Ors.

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