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Ranjit Kumar Bhim Swain and Anr v. State Govt. of NCT of Delhi and Anr

Court
High Court of Delhi
Decided
8 November 2024
Bench
Amit Mahajanauthor
Case no.
CRL.M.C. 8766/2024

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Judgment

O R D E R %

08.11.2024 CRL.M.A. 33543/2024 (for exemption)

¶1Exemptions allowed, subject to all just exceptions.

¶2The application stands disposed of.

¶1The present petition is filed seeking quashing of FIR No. 26/2024 dated 10.01.2024, for offence under Sections 420/34 of the Indian Penal Code, 1860 ('IPC'), registered at Police Station Rajouri Garden, including all consequential proceedings arising therefrom.

¶2The said FIR was registered on a complaint filed by Respondent No. 2 alleging that he was approached by the accused The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. persons in the month of May, 2022 to sell their engine oil and gear oil. The accused persons delivered some free samples to the office of the complainant as well and kept coming to his office to persuade him. It is alleged that after incessant persuasion of the petitioners, the complainant transferred ₹20,00,000/- to the accused persons for the purpose of purchasing high quality lubricants. However, it was found that the petitioners had sent low quality oil worth merely 30,000/- to ₹40,000/-.

¶3The learned counsel for the petitioners submits that the present FIR was registered on a misunderstanding and the parties have since resolved their disputes.

¶4The present petition is filed on the ground that the matter is amicably settled between the parties by way of Memorandum of Settlement dated 18.10.2024, with the help of respectable members of the society, on their own free will, without any fear, force, coercion, or undue influence.

¶5It is stated that the entire settlement amount already stands paid to Respondent No. 2.

¶6The petitioners are present through video-conference and Respondent No. 2 is present in Court today. The parties have been duly identified by the Investigating Officer.

¶7Respondent No.2, on being asked, states that he does not wish to pursue any proceedings arising out of the present FIR and has no objection if the same is quashed.

¶8Offence under Section 420 of the IPC is compoundable in nature.

¶9This Court is of the opinion that no useful purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offences.

¶10Keeping in view the nature of dispute and that the parties The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. have amicably entered into a settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court.

¶11In view of the above, FIR No. 26/2024 and all consequential proceedings arising therefrom are quashed, subject to the petitioners serving in a Gurudwara of their choice on two consecutive weekends.

¶12Let the certificate of completing the service in Gurudwara or the affidavit to this effect with photographs be furnished to the Registry of this Court.

¶13The present petition is allowed in the aforesaid terms. AMIT MAHAJAN, J NOVEMBER 8, 2024 "SS" The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Case details

Parties and counsel

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RANJIT KUMAR BHIM SWAIN AND ANR. .....Petitioners Through: Mr. Sanjog Singh Arneja, Adv. Petitioners (through VC) versus STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ashneet, APP for the State SI Krishan Varma, PS- Rajouri Garden Mr. Harjas Singh, Adv. for R2 R2 in person CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.