Full Text
HIGH COURT OF DELHI
Date of Decision: 30th July, 2026
MANISH SONI AND ANR .....Petitioner
Through: Mr. Sourabh Rai, Ms. Parmeshwari Kumari Dhayal, Mr. Aman Dalal and
Mr. Aman Kumar, Advocates.
Through: Mr. Sunil Kumar Gautam, APP for State along with ASI Rajesh Kumar.
JUDGMENT
1. Petitioners seek early hearing of the matter.
2. Learned APP for State is present with concerned I.O.
3. Respondent has joined the proceedings through video-conferencing and his counsel is also present through video-conferencing.
4. The matter has, reportedly, been settled before the Delhi Mediation Centre, Saket Courts already.
5. For the reasons mentioned in the application, the date is preponed and the matter is taken up today itself.
6. The next fixed date stands cancelled.
7. Petitioners seeks quashing of FIR No. 0443/2025 dated 27.12.2025, registered at Police Station Safdarjung Enclave, for commission of offences under Sections 318(4)/316(2)/3(5) Bharatiya Nyaya Sanhita, 2023 (BNS).
8. As per the complaint given by Group Captain Sri Sachin Garud, he came in contact of both the accused persons as he was desirous of taking premises on rent. Accused Akanksha Sharma claimed herself to be the owner of one property situated at ‘Green Park Extension’ and the other accused CRL.M.C. 1670/2026 2 Manish acted as broker. The deal was finalized and a sum of Rs. 8,00,000/towards monthly rent, security deposit, brokerage etc. was paid by complainant to accused. However, later on, instead of handing over possession to the tenants, they were, rather, intimidated and threatened and it was insisted that the entire amount towards wifi for the entire year be paid in advance.
9. When the complainant and his wife sought refund of the abovesaid amount, the accused refused, and stopped taking their calls.
10. Feeling cheated, the abovesaid FIR was registered.
11. During investigation, it was found that petitioner No. 2 had misrepresented and she was not even the owner of said house. Petitioner No. 1 is her husband and they both indulged in said cheating.
12. It is apprised that in relation to a bail application filed by the concerned accused, the parties were referred to mediation and the matter was amicably settled before Delhi Mediation Centre, Saket Courts, New Delhi on 07.02.2026. The accused agreed to refund the entire amount of Rs. 8,00,000/to the complainant, and complainant has agreed to give his no objection to the quashing of FIR.
13. Respondent No. 2/complainant who has joined the proceedings through video-conferencing and who has been duly identified by the I.O. reiterates the terms of the Mediation Order dated 07.02.2026. He submits that pursuant to such Mediation Order, they have entered into Memorandum of Understanding (MoU) on 10.04.2026 and have already received the entire settlement amount of Rs. 8,00,000/-. It is submitted that they have entered into the abovesaid settlement without any force, coercion, threat or influence and would have no objection to the quashing of FIR as they are left with no CRL.M.C. 1670/2026 3 grievance. Respondent No. 2 states that his wife is also not interested in pursuing FIR as the matter is now amicably settled.
14. The offence in question is, primarily, offence of cheating which is compoundable in nature.
15. Both the petitioners apprehend their arrest as they have already moved applications seeking anticipatory bail which are pending adjudication before the learned Court of Sessions. Albeit, they are, reportedly, on interim anticipatory bail and matter has already been settled.
16. Keeping in mind the overall facts of the case and the no objection given by respondent No. 2, no useful purpose would be served in continuing with the criminal proceedings emanating from the FIR in question.
17. Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the FIR.
18. Consequently, to secure the ends of justice, FIR No. 0443/2025 dated 27.12.2025, registered at Police Station Safdarjung Enclave, for commission of offence under Sections 318(4)/316(2)/3(5) BNS along with all consequential proceedings arising therefrom, is hereby quashed subject to petitioners depositing total cost of Rs. 50,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks from today. Proof of deposit of cost and the original affidavits of the parties shall be handed over the concerned SHO/IO within further two weeks.
19. The petition stands disposed of in aforesaid terms.
MANOJ JAIN, J JULY 30, 2026/nr/sy