Quashing petition over FIR arising from chit fund monetary disputes, settled by parties via MoU. Court verified parties' voluntary settlement, noted remote conviction prospects and abuse of process, and quashed FIR No. 401/2015 and emanating proceedings.
FIR No. 401/2015 under Sections 365/342/368/386/34 IPC, PS Rani Bagh, and proceedings therefrom 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.
$~77
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 12924/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 3355/2024 & CRL.M.A. 12925/2024
Page 1 of 4
CRL.M.C. 3355/2024
and accept notice.
Page 2 of 4
CRL.M.C. 3355/2024
or categories can be prescribed. However, the Court is required to give due regard to the nature and gravity of the offence and consider the impact on the society.
Page 3 of 4
CRL.M.C. 3355/2024
monetary transactions/chit fund. The settlement shall promote harmony between the parties. Even otherwise, in view of settlement, the chances of conviction are bleak. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. Continuation of proceedings would be nothing but an abuse of the process of Court. Consequently, FIR No. 401/2015, under Sections 365/342/368/386/34 IPC, P.S. Rani Bagh and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to learned Trial Court for information and compliance.
ANOOP KUMAR MENDIRATTA, J.
MAY 01, 2024/ akc
Page 4 of 4
CRL.M.C. 3355/2024
1 issue framed by the court
Whether the FIR and related proceedings may be quashed under Section 482 Cr.P.C. after amicable settlement of chit fund monetary disputes between the parties.
5 provisions across 3 enactments
Atul Kakkar & Ors.
State
Payal Sharma
Seema Sharma
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
