Jain, Mr. Faisal Danish v. STATE GOVT. OF NCT OF DELHI AND ANR

along with Respondent no. 2 Mr. Hitesh Vali, APP for State with SI Ranvijay, PS-Cyber Central. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 07.04.2025 CRL.M.A. 3927/2025 (exemption) Allowed, subject to all just exceptions. This application stands disposed of. CRL.M.C. 836/2025

1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 62/2024, dated 07.10.2024, registered at Police Station Cyber, Central Delhi under Sections This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:28:03 420/419/201/120-B/34 IPC, and all proceedings arising therefrom, on the basis of an amicable settlement arrived at between the parties.

2. The respondent no. 2, received a call with the offer of becoming an insurance agent and earning huge returns. Acting on this promise, respondent no. 2 initially invested ₹29,939/-, followed by investment in seven other policies with different insurers. The total investment in insurance policies amounted to Rs. 5,96,000/- i.e., the cheated amount.

3. Upon review of financial records, respondent no. 2 realized he had been defrauded and filed an online complaint via the National Cyber Crime Reporting Portal (Acknowledgment No. 20809240070768). Later, respondent no. 2 lodged the aforesaid FIR no. 62/2024 at P.S. Cyber, Central Delhi against the petitioners. The case was pending before the Learned Trial Court and the charge sheet has been filed.

4. It is submitted that with the intervention of respectable members of society the aforesaid dispute was resolved amicably between the parties and subsequently, the parties have executed a Settlement agreement dated

21.01.2025. It is further submitted that in terms of the said settlement, Respondent no. 2 shall receive the settlement amount for a sum of Rs. 5,39,000/- from the petitioners and Rs. 57,000/- from the Ld. Trial Court which is deposited there. The MOU dated 15.02.2024 is on record as Annexure P-2

5. The matter was placed before the Joint Registrar, who has recorded the statements of both the parties and passed the following orders:- This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:28:03 “19.03.2025 Today, statement of respondent no. 2 & IO has been recorded to ascertain the veracity and the genuineness of the parties entering into settlement. Respondent no. 2 lodged FIR No. 62/2024, Under Section 420/419/201/120-B/34 IPC, registered at PS Cyber Central, Delhi against the petitioners. The charge-sheet has been filed against the petitioners and presently the case at the stage of appearance of the parties and consideration on charge. Respondent no. 2 states that he has voluntarily and without any pressure or coercion from anyone and with the intervention of friends and well wishers settled all her issues and disputes with all the petitioners; and out of her free will have entered into compromise/MOU/Settlement dated 21.01.2025 which is on record as Annexure P-2 at page no. 30 onwards bearing her signatures. As per the settlement, Respondent no. 2 has already received the settlement amount for a sum of Rs. 5,39,000/- from the petitioners. Respondent no. 2 will receive a sum of Rs. 57,000/- from the Ld. Trial Court which is deposited there. Subject to that Respondent no. 2 will receive the entire settlement amount. All their issues and disputes stands settled/resolved in terms of above referred MOU. Accordingly, in terms of compliance of the settlement, Respondent no. 2 does not wish to pursue the abovesaid FIR registered by her against the petitioners. Respondent no. 2 has no objection whatsoever if the abovesaid FIR against the petitioners and all proceedings emanating there from is quashed. Respondent no. 2 shall fully cooperate in quashing of the abovesaid FIR and raise no claim in future through any civil or criminal litigation with regards to the incident relating to the registration of the present FIR. Respondent no. 2 has also given her affidavit of no objection for quashing of the present FIR which is on record at page no. 20-22 of the petition bearing her signatures. Separate statement of IO recorded to the effect that he has checked the previous involvement of the petitioners from NCRB/SCRB and they do not have any prior case registered against them. Respondent no. 2 has been identified by his counsel & by IO. This pre verified report along with the petition may be placed before the Hon’ble Court on 07th April, 2025 alongwith the statements recorded today.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:28:03

6. Parties are present before the Court today. They have been identified by their respective counsels as well as by the Investigating Officer SI Ranvijay from PS-Cyber Central.

7. Respondent no. 2 states that he has received the settlement amount for a sum of Rs. 5,39,000/- from the petitioners and shall receive Rs. 57,000/- from the Ld. Trial Court which is deposited there. He further states that the matter has been settled with the petitioners and he has no objection if the FIR is quashed against the petitioner.

8. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR is quashed.

9. 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:- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

10. 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 62/2024, P.S Cyber Central, Delhi under sections 420/419/201/120-B/34 IPC and all the other consequential proceeding emanating therefrom. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:28:03

11. In the interest of justice, the petition is allowed, and the FIR No 62/2024, registered at P.S Cyber Central, Delhi under sections 420/419/201/120-B/34 IPC, along with the charge sheet and all the other consequential proceeding emanating therefrom is hereby quashed.

12. Petition is allowed and disposed of accordingly.

13. Pending application(s), if any, also stand disposed of. APRIL 7, 2025/r RAVINDER DUDEJA, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/04/2025 at 14:28:04