CRL.M.C. 7193/2026 Page 1 of 5 $~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010461112026 + CRL.M.C. 7193/2026 & CRL.M.As. 30074-30075/2026 REETA ARORA .....Petitioner Through: Mr. Chetan Roy, Advocate. versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Ms. Manjeet Arya, APP with Mr. Abhimanyu Arya, Advocate. S.I. Ankita. Dr. Narendra S. Hudda and Ms. Ritika K. Gondla, Advocate for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 25.09.2026 1. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”] seeks quashing of FIR No. 120/2012 dated 13th June, 2012, registered under Sections 420/468/471/34 of the Indian Penal Code, 1860 [“IPC”] at P.S. K.M. Pur, and all consequential proceedings emanating therefrom. 2. The FIR arises out of a dispute concerning a property transaction between the parties. It is the case of the prosecution that Respondent No. 2’s wife, Ms. Neetu Bhardwaj @ Neetu Sharma, had entered into an Agreement to Sell dated 26th October, 2007 with the Petitioner for purchase of a flat on the second floor of Property No. 360, Subhash Market, Kotla Mubarak Pur, 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 05/10/2026 at 10:24:43 CRL.M.C. 7193/2026 Page 2 of 5 New Delhi, for a consideration of INR 5,00,000/-. A registered Sale Deed was thereafter executed on 4th January, 2008. Respondent No. 2 subsequently alleged that, instead of the flat situated on Property No. 360, possession of a smaller flat situated on Property No. 359 was delivered to his wife. On the basis of the said complaint, the subject FIR was registered against the Petitioner and her late husband. 3. Upon completion of investigation, a chargesheet was filed on 28th August, 2015. The Trial Court, vide order dated 7th November, 2017, found sufficient material to proceed against the Petitioner and her late husband for offences under Sections 420/120-B IPC, and charges were accordingly framed on 8th November, 2017. 4. During the pendency of the proceedings, the parties were referred to the Mediation Centre, Saket Courts, New Delhi, where they reached a settlement. A Settlement Agreement dated 3rd May, 2025 was accordingly executed between the Petitioner and Respondent No. 2. The parties have amicably and finally resolved their disputes and have agreed to cooperate with each other in bringing the pending proceedings to an end. 5. A copy of the Settlement Agreement has been placed on record and perused by the Court. The Agreement records that the settlement was voluntarily arrived at by the parties of their own free will and without any force, pressure or coercion. Respondent No. 2 has also undertaken to cooperate in the proceedings for quashing of the subject FIR and the proceedings emanating therefrom. 6. Respondent No. 2, who appears in person and is identified by the IO, states that he has amicably settled the dispute with the Petitioner and does not wish to pursue the subject FIR or the proceedings 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 05/10/2026 at 10:24:43 CRL.M.C. 7193/2026 Page 3 of 5 He confirms that the settlement was arrived at voluntarily and without any force or coercion. The Petitioner has also joined the proceedings and is identified by the IO. In terms of the settlement, the Petitioner has handed over a Demand Draft for a sum of INR 16,70,000/- to Respondent No. 2 in Court towards the agreed settlement amount. Respondent No. 2 acknowledges the receipt of the same. In view of the settlement between the parties and the statement of Respondent No. 2, the Petitioner seeks quashing of the subject FIR and all proceedings emanating therefrom. 7. The Court has considered the submissions of the parties. While the offence under Section 420 IPC is compoundable in certain cases, the offence under Section 120B is non-compoundable in nature. 8. It is well settled that the power of the High Court under Section 482 of the Code of Criminal Procedure, 1973 [corresponding to Section 528 BNSS] to quash criminal proceedings is distinct from the power of compounding under Section 320 CrPC. This power may be exercised even in cases involving non-compoundable offences where the parties have settled the matter. However, the power is to be exercised sparingly and with caution. The guiding considerations are whether such exercise would secure the ends of justice or prevent abuse of the process of the Court. While exercising this power, the Court must have due regard to the nature and gravity of the offence and the circumstances of the case. In Narinder Singh & Ors. v. State of Punjab & Anr.1, the Supreme Court has reiterated these principles and held that, in appropriate cases, the Court may quash the proceedings where, having regard to the settlement, the possibility of conviction is remote and bleak and continuation of the criminal proceedings 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 05/10/2026 at 10:24:43 CRL.M.C. 7193/2026 Page 4 of 5 would serve no useful purpose. 9. Although the offence under Section 120B IPC cannot be treated as strictly ‘in personam’, and it touches upon public concerns rather than being confined to individual grievances, the Court must also account for the practical realities of securing a conviction in the present case. The Supreme Court has consistently held that in cases where the complainant has entered into a voluntary and bona fide settlement, and is no longer inclined to support the prosecution, the prospect of securing a conviction becomes exceedingly remote. In such circumstances, continuing the prosecution may not only prove futile, but would also serve no worthwhile public interest. 10. The Complainant/Respondent No. 2 has categorically expressed his unwillingness to pursue the matter further and has confirmed that the settlement has been arrived at voluntarily and without any pressure or coercion. In these circumstances, continuation of the criminal proceedings would amount to an empty formality, adding to the burden of the justice system and consuming public resources unnecessarily. 11. Having regard to the totality of the circumstances, and in view of the legal principles laid down by the Supreme Court, this Court finds the present case to be an appropriate one for exercise of jurisdiction under Section 528 of BNSS to secure the ends of justice. 12. In view of the foregoing, the present petition is allowed and FIR No. 120/2012 dated 13th June, 2012, registered at P.S. K.M. Pur, and all consequential proceedings emanating therefrom, are hereby quashed. 13. However, in the facts and circumstances of the present case, since the State machinery was set in motion on account of the subject FIR, it is 1 (2014) 6 SCC 466. 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 05/10/2026 at 10:24:43 CRL.M.C. 7193/2026 Page 5 of 5 appropriate to impose costs on both parties. Accordingly, both the Petitioner as well as Respondent No. 2 are directed to deposit INR 5,000/- with the Delhi Police Welfare Fund, within a period of four weeks from today. Proof of payment be deposited with the concerned IO within two weeks thereafter. 14. The parties shall abide by the terms of settlement. 15. The petition is disposed of in the above terms. Pending application(s), if any, shall also stand disposed of. SANJEEV NARULA, J SEPTEMBER 25, 2026/hc 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 05/10/2026 at 10:24:43