SHIVAM CHOPRA & ANR. vs THE STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th February, 2026 + CRL.M.C. 1943/2025 SHIVAM CHOPRA & ANR. .....Petitioner Through: Mr. Jatan Singh, Sr. Advocate with Mr. Siddharth Singh, Ms. Sakshi Sachdeva, Ms. Vanshika Adhana and Mr. Kartikeya Basoya, Advocates. versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Ms. Priyanka Dalal, APP for the State with SI R. N. Ashang. Ms. Khushboo Kohli, Advocate for R-2 alongwith Mr. Aditya Singh, A.R. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Both the petitioners herein seek quashing of FIR No.0435/2017 dated 17.08.2017, registered at P.S. Keshav Puram, for commission of offences under Sections 406/420 IPC, along with all consequential proceedings arising therefrom, on the basis of settlement with the complainant. 2. The abovesaid FIR was registered on 17.08.2017 based on the report lodged by competent official of M/s. Amazon Seller Services Pvt. Ltd. 3. According to allegations appearing in the FIR, online market place of Amazon permitted multiple choices of payment, including buying the product using payment mode of „cash on delivery’. Any such customer also had an option of returning the purchased product to Amazon, within a stipulated time period against refund of the amount payment. 4. According to the complainant, one Shivam was misusing the refund option and as per the modus operandi adopted by him, he used to purchase Signature Not Verified Digitally Signed CRL.M.C. 1943/2025 1 By:DINESH CHANDRA Signing Date:20.02.2026 12:25:57 mobile phones from Amazon and then used to seek refund by citing fake reason like “actual product not received/not found” in the packet. 5. Though the packets supplied to him, in fact, contained the mobile devices he, in order to cheat Amazon