Allowed¶26

Mohit Gupta & Anr. v. State NCT of Delhi & Anr.

Delhi HC17 Dec 2025W.P.(CRL)/3864/2025

Case brief

AI extract

What is this about?

Quashing of FIR on compromise/settlement; BNS 2023 Ss.318(4)/3(5); Article 226 read with S.528 BNSS; retraction from MoU cum Compromise Deeds dated 10.05.2025 and 04.06.2025; property transfer to complainant's wife; directors' dispute in private limited company; W.P.(CRL) 3864/2025; Delhi High Court; Neena Bansal Krishna J.

What did the court decide?

Quashing of FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023 registered at PS: Shakarpur, Delhi and all consequential proceedings emanating therefrom; writ petition along with pending applications disposed of. ¶26

Mohit Gupta & Anr. Vs State NCT of Delhi & Anr. — Cheating and Forgery | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023 registered at PS: Shakarpur, Delhi and all consequential proceedings should be quashed in terms of the Memorandum of Understanding cum Compromise Deeds dated 10.05.2025 and 04.06.2025, notwithstanding Respondent No.2's objection that the value of the transferred property was much less than the settled amount of Rs.36 lacs.

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Court's answer

From the narration of the two compromise deeds it is evident that the Complainant, after making due assessment, had arrived at the settlement, and the sale deed of the property in question has been executed in favour of Respondent No.2's wife in terms of the Compromise Deed.

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Ratio / Principle

The value of the property may not be what was estimated by Respondent No.2, but that cannot be a ground to retract from the settlement; it is evident from the two Compromise Deeds that the parties have voluntarily settled the matter and disputes.

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Key takeaways

FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023 registered at PS: Shakarpur, Delhi and all consequential proceedings emanating therefrom stand quashed.ratio¶23

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J.) quashed FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023, PS: Shakarpur, and all consequential proceedings in a writ petition under Article 226 read with Section 528 BNSS. The Petitioners, former Directors/share-holders who owed Respondent No.2 Rs.63 lacs, had settled through an MoU dated 10.05.2025 (property transferred to Respondent No.2's wife adjusting Rs.45 lacs) and a further Compromise Deed dated 04.06.2025 assessing the property at Rs.36 lacs with an additional payment of Rs.5,00,000/-. At the quashing stage Respondent No.2 sought to retract, alleging the property's value was below the settled amount. The Court held that dissatisfaction with the valuation is no ground to retract from a voluntarily reached settlement, and quashed the FIR; the writ petition along with pending applications was disposed of.

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3864/2025

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MOHIT GUPTA & ANR. .....Petitioners

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Through: Petitioners in person with Counsel.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Anand V. Khatri, ASC for State with Mr. Adietya Khatri, Advocate and SI Anubhav, PS: Shakarpur.

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Mr. Keshav Kumar Verma and Mr. Kunal Verma, Advs. for R-2.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

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% 17.12.2025

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Writ Petition under Article 226 of Constitution of India read with Section 528 B.N.S.S. has been filed on behalf of the Petitioners for quashing of FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023, registered at PS: Shakarpur, Delhi and all consequential proceedings emanating therefrom, in terms of Memorandum of Understanding cum Compromise Deeds dated 10.05.2025 and 04.06.2025.

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As per the submissions made, there was a dispute inter se Petitioners and Respondent No.2, who were Directors / share-holder in Private Limited Company from which the Petitioners had resigned. They owed Rs.63 lacs to Respondent No.2.

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Therefore, vide MoU dated 10.05.2025, Petitioners and Respondent No.2 agreed for transfer of one property to Respondent No.2, which was implemented and property was transferred in the name of Respondent No.2‟s

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This is a digitally signed order.

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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 19/12/2025 at 14:05:53

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wife to adjust the settled amount of Rs.45 lacs.

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However, subsequently, Respondent No.2 claimed that the sale value of the property in question was much less than that and therefore, they entered into another Compromise Deed dated 04.06.2025, whereby the value of the property in question was assessed as Rs.36 lacs, but the parties agreed to settle it for another Rs.5,00,000/-, which were duly paid by the Petitioners to Respondent No.2.

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Now, when the matter has been fixed for quashing of FIR, which is supported by Affidavit of Respondent No.2 as well, objection is taken that the value of the property is much less than the settled amount of Rs.36 lacs. Therefore, Respondent No.2 is not inclined to come forward for recording of statement.

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From the above narrations of two compromise deeds, it is evident that the Complainant after making due assessment, had arrived at the settlement and the sale deed of the property in question has also been made in favour of Respondent No.2‟s wife, in terms of the Compromise Deed.

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It clearly reflects that the value of property may not be what was estimated by Respondent No.2, but that cannot be a ground to retract from the settlement. It is quite evident from these two Compromise Deeds that the parties have voluntarily settled the matter and disputes.

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Respondent No.2 has not ground for retraction, in terms of Memorandum of Understanding cum Compromise Deeds dated 10.05.2025 and 04.06.2025.

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Consequently, FIR No.0135/2025 under Sections 318(4)/3(5) BNS, 2023, registered at PS: Shakarpur, Delhi and all consequential proceedings emanating therefrom stand quashed.170223

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This is a digitally signed order.

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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 19/12/2025 at 14:05:53

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Writ Petition along with pending Applications is disposed of.

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NEENA BANSAL KRISHNA, J.

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DECEMBER 17, 2025/ R

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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 19/12/2025 at 14:05:53

Mohit Gupta & Anr. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Mohit Gupta & Anr. v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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