Shailesh Kumar Rai Vs State (Govt of NCT of Delhi) & Anr. — Cheque Dishonour | Delhi HC (2026)

Shailesh Kumar Rai Vs State (Govt of NCT of Delhi) & Anr. — Cheque Dishonour | Delhi HC (2026)

What the court decided

AI extract

Outcome

FIR bearing no. 482/2018 (PS Shalimar Bagh, offence under Section 174A IPC) and all consequential proceedings emanating therefrom quashed; petition stands disposed of, subject to petitioner completing within three weeks the donation of educational books costing Rs. 25,000/- to the library of a Government school near his residence, with compliance to be filed with the Registrar General (matter to be relisted by the Registry on non-compliance).

Issue for consideration

Whether FIR bearing no. 482/2018, registered at Police Station Shalimar Bagh, Delhi under Section 174A IPC after the petitioner was declared an absconder in the (since compounded) Section 138 NI Act proceedings, should be quashed in view of the settlement between the petitioner and respondent no. 2. +1 more

Court's answer

Since the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose will be served by continuing the proceedings, which would instead create further acrimony between them.

Ratio / Principle

Quashing the FIR and the proceedings pursuant thereto would be in the interest of justice, and there is no legal impediment to quashing the FIR in question (despite the non-compoundable character of the Section 174A IPC offence).

Key takeaways

Accordingly, FIR bearing no. 482/2018, registered at Police Station Shalimar Bagh, Delhi, for the offence punishable under Section 174A of IPC, and all consequential proceedings emanating therefrom, are quashed.ratio¶30

Detailed headnote1 paragraphs

Quashing of FIR — non-compoundable offence — amicable settlement — High Court of Delhi (Hon'ble Dr. Justice Swarana Kanta Sharma, order dated 19.02.2026 in CRL.M.C. 1423/2026, Shailesh Kumar Rai v. State (Govt of NCT of Delhi) & Anr.). The petitioner sought quashing of FIR No. 482/2018, PS Shalimar Bagh, Delhi, under Section 174A IPC, registered pursuant to the order dated 21.06.2018 declaring him an absconder after he failed to appear before the learned Trial Court during pendency of respondent no. 2's 2016 complaint under Section 138 NI Act (dishonour of cheque). That Section 138 case was settled/compounded between the parties on 19.05.2025 before the concerned Court; the petitioner paid the entire settlement amount, the complainant's statement was recorded before the learned JMFC, the petitioner joined investigation, was granted anticipatory bail by the Sessions Court vide order dated 31.01.2025, and was summoned upon filing of the charge-sheet. As the Section 174A IPC offence is non-compoundable, quashing of the FIR was sought to put the matter to quietus. Respondent no. 2, identified by the IO, categorically stated before the Court that he had compromised out of his own free will without pressure, coercion or threat, that the dispute stood amicably settled vide order 19.05.2025, and that he had no objection to quashing. Holding that continuing the proceedings would serve no useful purpose and would only create further acrimony, that quashing was in the interest of justice, and that there was no legal impediment to quashing, the Court quashed FIR No. 482/2018 and all consequential proceedings emanating therefrom and disposed of the petition, imposing a cost of Rs. 25,000/- on the petitioner to be applied towards donating educational books to the library of a Government school near his residence within three weeks, compliance to be filed with the Registrar General.

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR bearing no. 482/2018 registered at Police Station Shalimar Bagh, Delhi for the offence punishable under Section 174A IPC, whose quashing is sought by the present petition (FIR registered pursuant to the order dated 21.06.2018 declaring the petitioner an absconder)¶18
Police Station Shalimar Bagh, Delhi
Prior proceeding
In 2016, respondent no. 2 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner and other accused persons on account of dishonour of cheque, which was finally disposed of on 19.05.2025 on the basis of compromise.¶24
Prior proceeding
During pendency of the Section 138 proceedings, the petitioner could not appear before the learned Trial Court and was declared an absconder vide order dated 21.06.2018, pursuant to which the present FIR came to be registered.¶24
Prior proceeding
Upon completion of investigation, charge-sheet was filed and the petitioner has since been summoned.¶24
Prior proceeding
The petitioner paid the entire settlement amount to the complainant and, pursuant thereto, a separate statement of the complainant was recorded before the learned JMFC, leading to disposal of the Section 138 matter.¶24
Prior proceeding
The petitioner duly joined the investigation and was granted anticipatory bail by the Sessions Court vide order dated 31.01.2025.¶24
Prior proceeding
The case under Section 138 of N.I. Act was settled/compounded between the parties on 19.05.2025 before the concerned Court; however, the offence under Section 174A IPC being non-compoundable, the matter could not be put to quietus, prompting the quashing petition.¶25
Prior proceeding
On a query by the Court, respondent no. 2, identified by the IO, categorically stated that he entered into the compromise out of his own free will and without any pressure, coercion or threat.¶26
Prior proceeding
Respondent no. 2 stated that the entire dispute has been amicably settled between the parties vide order 19.05.2025.¶29
Prior proceeding
Respondent no. 2 stated he has no objection if the present FIR is quashed.¶29