The Delhi HC quashed an FIR registered under cheating and forgery sections following a settlement. The petitioners paid the balance amount via bank cheques, and the complainant expressed no objection, deeming further proceedings unnecessary.
FIR No. 338/2024 and all consequential proceedings therefrom were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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KAILASH CHANDER ALIAS KAILASH DUGGAL & ORS.
.....Petitioners Through: Mr. Mohammad Ali, Mr. Hakim Khan and Mr. Chhatresh Kumar Sahu, Advocates with petitioners.
versus
STATE NCT OF DELHI & ANR. ....Respondents Through: Ms. Nandita Rao, ASC for the State with Mr. Amit Peswani, Advocate with SI Pawan, PS Mukherjee Nagar. Mr. Mahir Malhotra, Ms. Smriti Papreja, Mr. Devender Kumar and Ms. Prerna Chaubey, Advocates for the complainant with complainant.
CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 15.07.2024
CRL.M.A. 20323/2024 (Exemption)
W.P.(CRL) 2099/2024
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 18/07/2024 at 14:08:09
420/467/468/471/34 of the Indian Penal Code (hereinafter referred to as “IPC, 1860”), registered at Police Station Mukherjee Nagar, District North West, Delhi. The Petition is supported by the affidavits of all the copetitioners and a ‘No Objection’ , has been given by the learned counsel for the respondent No. 2.
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 18/07/2024 at 14:08:09
quashing of the said FIR.
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 18/07/2024 at 14:08:09
have received all amounts due to them and have no objection if the FIR is quashed. The parties, who are present in the Court, undertake to remain bound by the terms of the Settlement.
NEENA BANSAL KRISHNA, J
JULY 15, 2024/RS
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 18/07/2024 at 14:08:09
3 issues framed by the court
Whether the FIR under Sections 420/467/468/471/34 IPC registered at Police Station Mukherjee Nagar should be quashed in the interest of justice.
Whether the settlement agreement and payment of the balance amount preclude further criminal proceedings.
Whether quashing the FIR will serve a useful purpose given the familial nature of the dispute and the absence of coercion.
3 provisions across 3 enactments
Kailash Chander Alias Kailash Duggal & Ors.
State NCT of Delhi
Complainant
Neena Bansal Krishna
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
