Petition to quash FIR No. 428/2024 for cheating and conspiracy, registered on fraud allegations over share-market investments. Parties settled via a Memorandum of Understanding and recorded consent statements before the Joint Registrar. Relying on Gian Singh, the High Court quashed the FIR subject to payment of Rs. 2,00,000 costs.
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SHREY MALHOTRA & ANR.
.....Petitioners
Through: Mr. L.N. Rao and Mr. Aryan Rajpal, Advs. along with petitioners in person through VC.
versus
STATE OF GNCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.), Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advs. Mr. Sandeep Rohilla, Adv. for R-2 to 5. Alongwith R-2 to 5 in person through VC.
CORAM: HON'BLE MR. JUSTICE AMIT SHARMA
CRL.M.A. 7151/2025(exemption)
W.P.(CRL)767/2025
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 02/07/2025 at 01:05:22
respondent no. 3 is the father of the complainant, respondent no. 4 is the brother of the complainant, respondent no. 5 is the mother of the complainant who had alleged fraud and misappropriation of funds in the name of investing money in share markets, but with the intervention of well-wishers and family friends the matter has been amicably settled.
“We are the petitioners in the present matter. The dispute between us and R-2 has been amicably settled as per the settlement deed dated 03.02.2025. The settlement has been arrived at between the parties herein without any force, coercion, undue influence and pressure. We have signed the settlement deed with our wish and will.
We shall be bound by the statement as stated above.” “We are respondent nos. 2, 3, 4 and 5 in the present matter. The dispute between us and petitioners has been amicably settled as per
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 02/07/2025 at 01:05:22
settlement deed dated 03.02.2025. The settlement has been arrived at between ourselves and petitioners without any force, coercion, undue influence and pressure. We have signed the settlement deed with our wish and will.
We do not want to pursue the present FIR bearing No. 428/2024 PS Geeta Colony therefore, the same be quashed. We shall be bound by our statement as stated above.”
“1. The present non contentious petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking quashing of the FIR NO. 428/2024 Under Sections 420/120-B/34 IPC PS Geeta Colony on the basis of family settlement deed arrived at between the petitioners and R-2 to 5.
“61. ... In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above
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 02/07/2025 at 01:05:22
question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”
AMIT SHARMA, J
MAY 22, 2025/ kr/sc
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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 02/07/2025 at 01:05:22
1 issue framed by the court
Whether the FIR under Sections 420/120-B/34 IPC could be quashed on the basis of an amicable settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh vs. State of PunjabRelied on¶10
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Shrey Malhotra
State of GNCT of Delhi
Amit Sharma
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
