Full Text
HIGH COURT OF DELHI
Date of Decision: 28.03.2025
VIPIN SUNEJA .....Petitioner
Through: Mr. Shikhar Sharma, Adv.
Through: Mr. Satish Kumar, APP
JUDGMENT
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
3. The present petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed seeking quashing of the FIR bearing No. 138/2024 dated 31.05.2024 (subject FIR) registered under Section 406/420 Indian Penal Code, 1860 (IPC) at Police Station New Friends Colony, South East District, New Delhi and all consequential proceedings arising therefrom on the basis of the Settlement arrived at between the parties with the facilitation of Samadhan, Delhi High Court, Mediation and Conciliation Centre.
4. It is submitted on behalf of the parties that the petitioner and respondent no. 2 are childhood friends and had entered into certain financial transactions on the basis of which certain amount was advanced by the respondent no. 2 and 3 to the petitioner. However, the petitioner backed out from their agreement and a dispute arose between the petitioner and the respondent no. 2 and 3 leading to the registration of the present FIR.
5. It is submitted that the entire dispute has now been settled between the parties voluntarily at Samadhan, Delhi High Court Mediation and Conciliation Centre vide Settlement Agreement dated 10.03.2025. This Mediation Settlement has been placed on record.
6. Under the said agreement, respondent no. 2 and 3 consented to the quashing of the subject FIR, subject to the condition that the petitioner would not object if the FDR for an amount of Rs. 1,26,50,000/-, along with the interest accrued thereupon is released to respondents. The said FDR was deposited by the petitioner with the Registry of this Court, as per the directions of this Court at the time of hearing of the anticipatory bail application. The Court had further directed that the amount be kept in the FDR. It is submitted that in compliance of the directions, the FDR was furnished, which is lying before the learned Registrar General.
7. It is submitted that in pursuance to this settlement, the statement of the parties has been recorded by the Joint Registrar (Judicial) on 19.03.2025 and they have been duly identified by the Investigating Officer and their respective counsels.
8. Before this Court, the Investigating Officer has again identified the parties. While appearing through Video Conferencing, they have stated and confirmed that they are abiding by all the terms of the Settlement.
9. In view of the above facts and the Settlement dated 10.03.2025, no useful purpose would be served in continuing with proceedings of the FIR, accordingly, in the interest of justice the FIR bearing NO. 138/2024 dated 31.05.2024 registered under Section 406/420 IPC, 1860 at Police Station New Friends Colony, and all consequential proceedings arising therefrom, are hereby quashed.
10. The learned Registrar General is directed to release the FDR for an amount of Rs. 1,26,50,000/-, along with the interest accrued in favour of the respondents.
11. The present petition is, accordingly, disposed of.