AI Structured Summary
Not yet generated for this judgment
Judgment
Present petition has been filed under Article 226 of the Constitution of India and under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 210/2024 PS Kirti Nagar under Sections 465/471/120B IPC.
Briefly stated, the grievance of the complainant (respondent no. 2 herein) is that her brother-in-law (devar) and his son had opened one savings account in her name by illegal means and without her knowledge and permission. Her such complaint resulted in registration of aforesaid FIR.
Investigation is still going on.
However, in the interregnum, both the parties have amicably settled the matter and respondent no. 2 is no longer desirous of pursuing her aforesaid FIR. In settlement deed dated 10.12.2025, it has been mentioned that since parties are close relatives, with the intervention of well-wishers and common friends, they have now, amicably, resolved their disputes and misunderstandings and, therefore, complainant i.e. respondent no. 2 does not want to pursue aforesaid matter and seeks to withdraw the same.
Affidavit of respondent no. 2 has also been placed on record which is sworn on 10.12.2025. In such affidavit also, she has reiterated the factum of settlement between and her and the petitioners and has also mentioned that she has authorized her attorney to do the needful by filing appropriate petition for quashing of the proceedings.
Her such attorney/special power of attorney holder i.e. Mr. Raju Gupta has also joined the proceedings through videoconferencing.
During course of the proceedings, Ms. Simran Salwani, when asked, submitted that she would have no objection to the quashing of the criminal proceedings emanating from the aforesaid FIR. She also submits that it was only account opening simpliciter and there was no credit or debit entries in the aforesaid bank account and since the parties are closely related to one another, she is left with no grievance in the matter and prays that FIR in hand be quashed.
Learned Addl. P.P. for the State submits that since petitioners are involved in other matters also, such request may not be acceded to.
Fact, however, remains that parties are closely related and the case is still at the investigational stage. Moreover, even as per bare allegations, only a bank account had been opened with no further activity carried out in the same.
In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose, especially, when dispute does not involve any public interest.
Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Surakasha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.
Consequently, to secure ends of justice, FIR No. 210/2024 under Sections 465/471/120B IPC PS Kirti Nagar with all consequential proceedings emanating therefrom, are hereby, quashed subject to depositing of cost of Rs. 25,000/- with Delhi High Court Staff Welfare Fund [Account no. 15530110074442: IFSC UCBA0001553] within two weeks from today.
The petition, along with the pending application, stand disposed of in aforesaid terms.