The Delhi High Court recently quashed a first information report (FIR) against two persons booked in a cheating case on the condition that they offer their services at a Gurudwara of their choice for two consecutive weekends [Ranjit Kumar Bhim Swain and Anr. v. State Govt. of NCT of Delhi and Anr.].
Justice Amit Mahajan passed the order after the counsel appearing for the accused submitted that the dispute had been amicably settled between them and the complainant and that the FIR had been lodged on a misunderstanding.
The Court noted that no useful purpose would be served by keeping the criminal case pending. It, therefore, proceeded to quash the FIR against the accused petitioners, subject to the condition that they offer their services in a Gurudwara.
"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. Let the certificate of completing the service in Gurudwara or the affidavit to this effect with photographs be furnished to the Registry of this Court," the Court said in its November 8 order.
The Court was dealing with a plea filed by two persons (petitioners) who sought the quashing of criminal proceedings filed against them under Section 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC).
An FIR was registered at the Rajouri Garden police station based on a complaint alleging that the petitioners defrauded a man by selling low-quality lubricant oil, valued at approximately ₹30,000–₹40,000 after receiving a payment of ₹20 lakhs.
Counsel appearing for the petitioners, however, informed the court that the dispute has been settled between the parties by way of a Memorandum of Settlement dated October 18, 2024. It was also stated that the entire settlement amount had already been paid to the complainant.
The complainant too told the Court that he did not wish to pursue the case and did not have any objection if the same was quashed.
After noting that the offence under Section 420 of the IPC is compoundable in nature, the Court quashed the case after directing the petitioners to offer their services at a Gurudwara for two weeks.
Advocate Sanjog Singh Arneja appeared for the petitioners.
Advocate Harjas Singh represented the complainant.
Additional Public Prosecutor (APP) Ashneet appeared for the Delhi government.
[Read Order]