Aditya Tyagi v. State NCT of Delhi and Anr

Delhi High Court · 09 Jul 2026 · 2026:DHC:5542
Manoj Jain
W.P.(CRL) 1965/2026
2026:DHC:5542
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR for alleged online financial fraud under BNS 2023 based on an amicable settlement and refund, exercising its inherent powers under Section 528 BNS.

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W.P.(CRL) 1965/2026 1
HIGH COURT OF DELHI
Date of Decision: 09th July, 2026
W.P.(CRL) 1965/2026 & CRL.M.A. 19674/2026
ADITYA TYAGI.....Petitioner
Through: Ms. Nazma and Mr. Nadeem khan, Advocates.
VERSUS
STATE NCT OF DELHI AND ANR.....Respondent
Through: Mr. Sanjay Lao, SC with SI Raj Kumar.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner seeks quashing of FIR No. 00170/2026 dated 02.04.2026, registered at Police Station Cyber South, Delhi, for commission of offences under Section 318(4)/319/340 of Bharatiya Nyaya Sanhita, (BNS), 2023 (corresponding Sections 420/416/470 IPC), along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

2. The abovesaid FIR was registered on the basis of complaint made by one Mr. Sanjay Kumar who, in his complaint, made allegation that he was victim of online financial fraud of Rs. 1,95,000/-.

3. The matter is still under investigation.

4. Petitioner is present in Court. W.P.(CRL) 1965/2026 2

5. Complainant-Sanjay Kumar (respondent No.2) is also present and is duly identified by his counsel and I.O.

6. When asked, respondent No.2 submits that the matter has been amicably settled. He states that, in fact, had made payment online for the purposes of processing visa for his son who wanted to go to New Zealand and there was no angle of any financial fraud. He submits that he got the FIR in question registered as despite the payment made online, neither any processing was done in relation to the abovesaid visa nor the amount was returned dispute request. He reiterates the terms of the settlement as mentioned in the Settlement Deed dated 19.05.2026 and submits that he has already got the refund of entire amount of Rs. 1,95,000/-.

7. Respondent no. 2 submits that on account of such apology by the petitioner and since the amount in question has already been returned, he would have ‘no objection’ if FIR is quashed. He also states that he has entered into the abovesaid settlement out of his own free will without any coercion and influence from any corner whatsoever.

8. Keeping in mind the overall facts of the case and the fact that parties have settled their all disputes amicably and respondent no. 2 does not want to pursue his complaint against petitioner herein, continuing with criminal proceedings would serve no useful purpose.

9. Accordingly, exercising inherent powers vested in this Court under Section 528 of BharatiyaNagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

10. Consequently, to secure the ends of justice, of FIR No. 00170/2026 dated 02.04.2026, registered at Police Station Cyber South, Delhi, for commission of offences under Section 318(4)/319/340 of Bharatiya Nyaya W.P.(CRL) 1965/2026 3 Sanhita, (BNS), 2023 (corresponding Sections 420/416/470 IPC), along with all consequential proceedings arising therefrom, is hereby quashed subject to petitioner depositing total cost of Rs. 10,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks. Proof of deposit of cost and the original Settlement Deed along with original affidavits of the parties shall be handed over the concerned SHO/IO within further two weeks.

11. The petition stands disposed of in aforesaid terms.

12. The pending application also stands disposed of in aforesaid terms.

JUDGE JULY 9, 2026/sw/sa