Petitioners sought quashing of an FIR arising from a housing-loan default by a third party; they repaid the entire loan and obtained a no-due certificate, and the complainant raised no objection. The court held the dispute was predominantly civil with a settlement and quashed the FIR and proceedings therefrom.
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$~104
versus
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for State with SI Sanjeev PS Kalkaji. Mr. Mani Kaul, Adv for R-2 (through VC)
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
CRL.M.A. 33955/2025 (Exemption)
W.P.(CRL) 3767/2025
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 26/11/2025 at 12:31:10
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 26/11/2025 at 12:31:10
“...16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar 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”...
VIKAS MAHAJAN, J
NOVEMBER 17, 2025 sk
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 26/11/2025 at 12:31:10
1 issue framed by the court
Whether FIR No. 0251/2024 under Sections 420/406/468/471/120B IPC should be quashed where the underlying dispute is civil and parties have settled.
Colour shows how this judgement treated each authority
Parbatbhai Aahir vs. State of GujaratRelied on¶12
(2017) 9 SCC 641 · Who else cites this
5 provisions across 1 enactments
Laxman Yadav
Anr.
State Govt. of NCT of Delhi
Anr. (R-2/complainant)
Vikas Mahajan
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
