Rajeev Kumar v. State (NCT of Delhi) & Anr.

1. 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 379/411 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

2. 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.

3. 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.

4. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- “07.04.2025

1. 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.

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

3. Vide separate statement recorded in this behalf, petitioner stated 'I that dispute between him and R-2 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. 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.

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

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

6. 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.

7. 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.

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

5. 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.

6. 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.

7. 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.