Full Text
HIGH COURT OF DELHI
Date of Decision: 31.07.2025 ,,,,,,,,,, CRL.M.C. 7541/2024
RAM SHARAN RAY AND ORS. ....Petitioners
Through: Mr. Romil Pathak, Advocate
… Respondents
Through: Mr. Hitesh Vali, APP
Deep Chand, WSI Banti, PS- Vasant Vihar.
Respondent No. 2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 0370/2016, dated 14.03.2016, registered at P.S Vasant Vihar, Delhi under Sections 420/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. As per averments made in the FIR, on 13.03.2016, Petitioners impersonated as personnels from ATM office called Respondent No. 2 and tricked him into sharing his ATM card details in pusruance to which Rs. 1,69,000/- were debited from his bank account via multiple transactions. Chargesheet has since been filed under sections 420/201/34 IPC against the petitioners.
3. During the course of proceedings, vide order dated 20.05.2016 passed by Ld. MM. Patiala House Courts, New Delhi petitioners have paid the aforesaid amount and thus have amicably resolved their disputes. The copy of the said order dated 20.05.2026 has been placed on record as Annexure P-2.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Insp Deep Chand, from PS Vasant Vihar.
5. Complainant/ Respondent No. 2 present in court states that he has already received an amount of Rs. 1,69,000/- from the petitioners and this fact is recorded in the orders of the Ld. MM Patiala House Courts, New Delhi dated 20.05.2016 and therefore has no objection if the FIR No. 0370/2016 is being quashed against the Petitioner.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 0370/2016 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 0370/2016, dated 14.03.2016, registered at P.S Vasant Vihar, Delhi under section 420/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 0370/2016, dated 14.03.2016, registered at P.S Vasant Vihar, Delhi under section 420/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed subject to petitioners paying cost of Rs. 5,000/- each as cost with Delhi High Court Advocates Welfare Fund (Account No. 15530110179338), maintained by UCO Bank, Delhi High Court, within a period of one month.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J JULY 31, 2025