Delhi High Court quashes FIR in cheating case, orders accused to serve in gurdwara

The Delhi High Court has ordered quashing of FIR against two persons in a cheating case on the condition that they serve in a gurdwara of their choice on two consecutive weekends.

Justice Amit Mahajan, in his November 8 order, took note of the fact that the matter was “amicably settled between the parties” and the offence under Section 420 of the Indian Penal Code is “compoundable in nature”.

This is not the first time that the court has passed uncommon order while quashing the FIR. In May this year, the court ordered a family to plant 50 saplings in parks in Delhi as a condition for quashing an FIR against them after the parties reached a settlement.

The current petition was filed by two persons seeking quashing of the FIR registered in January this year for offence under Sections 420 of IPC, registered at Rajouri Garden police station.

The FIR was registered on a complaint by a person alleging that the duo defrauded him by selling low quality engine oil and gear oil worth merely ₹30,000 to ₹40,000 after he paid them ₹20 lakh for purchasing high quality lubricants.

The duo along with the complainant told the court that they have resolved their disputes. On being asked by the court, the complainant stated that he does not wish to pursue any proceedings arising out of the FIR and has no objection if the same was quashed.

Justice Mahajan said no useful purpose would be served by relegating the parties to the trial court for filing an application to compound the offences.

“Keeping in view the nature of dispute and that the parties 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,” Justice Mahajan said.

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

Published - November 26, 2024 12:47 am IST