petitioners seek quashing of an FIR regarding cheque embezzlement due to amicable settlement. The Court held that the dispute had a civil flavor and parties resolved it, allowing quashing of proceedings under Section 482 CrPC.
FIR No. 205/2010 and consequent proceedings are quashed.
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versus THE STATE GOVT. OF NCT DELHI AND ANR .....Respondents Through: Mr. Laksh Khanna, APP for State with SI Sonu Kumar, PS Okhla Indl. Area. Mr. R.R. Choudhary, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R % 24.09.2024
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present FIR. He also submits that though the parties have compromised, some costs may be imposed upon the petitioners since the State machinery has been put in motion and the allegations are of grave nature.
“16. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:
xxx
16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant
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element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned; 16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and…”
9. Similarly, in State of Madhya Pradesh v. Laxmi Narayan and Others reported as (2019) 5 SCC 403 , it has been held as under: -
“15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under:
15.1. That the power conferred Under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences Under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves;”
MANOJ KUMAR OHRI, J
SEPTEMBER 24, 2024/ akc
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1 issue framed by the court
Whether an FIR under Sections 420, 467, 468, 471, and 120B IPC arising from a financial dispute should be quashed upon compromise between parties.
Colour shows how this judgement treated each authority
Parbatbhai Aahir and Others v. State of Gujarat and AnotherExplained¶18
(2017) 9 SCC 641 · Who else cites this
State of Madhya Pradesh v. Laxmi Narayan and OthersExplained¶25
(2019) 5 SCC 403 · Who else cites this
2 provisions across 1 enactments
Arun Kumar
State Govt. of NCT Delhi
Respondent No.2
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
