Back
RAJNISH BHATNAGAR
Sunil Tomar – Appellant
Versus
State Of NCT Of Delhi And Another – Respondent
JUDGMENT
Rajnish Bhatnagar, J. - This is a petition filed by the petitioner under Section 482 Cr.P.C. for quashing of FIR No. 549/2016, under Sections 406/420/34 IPC, registered at Police Station Dwarka, South West District, Delhi, and all proceedings emanating therefrom.
2. In brief the facts of the case are that the instant case was registered on the complaint of Sh. Satyender Singh (Respondent No. 2 herein) S/o Sh. Sukhbir Singh R/o 2B/182, awas Vikas Colony Baraut, District Baghpat U.P, filed against Sunil Dev, Sunil Tomar (Petitioner herein) and Sunil Sharma. In the said complaint it is alleged that accused No. 2 is an old friend and well aware about financial position of the complainant. In august, 2013 accused No. 2 hatched a criminal conspiracy with accused No. 1 and 3 to cheat the complainant and accused No. 1 showed him a villa bearing No. E 100, Raman Vihar Society which was allotted in name of accused No. 2 for a total consideration of Rs. 2.33 Crores. Out of the said amount, complainant had paid Rs. 1,85,70,000/- (Rs. 1.25 Crores in cash to accused No. 1 and Rs. 64 Lacs to accused No. 2 by cheque). The said amount was misappropriated by accused No.1 and 2 and the deal wa
The court can quash FIR and proceedings under Section 482 Cr.P.C. when disputes have been amicably settled between the parties and no useful purpose would be served by continuing the prosecution.
Where parties amicably settle their disputes, a court may quash FIRs to prevent abuse of process, depending on the specific facts and interests of justice.
The main legal point established in the judgment is that the power to quash criminal proceedings under Section 482 of the Code should be exercised sparingly and with caution, considering the nature o....
The court has the discretion to quash criminal proceedings based on an amicable settlement and the interest of social harmony.
The High Court has the inherent power to quash criminal proceedings even in non-compoundable cases when parties have settled the matter between themselves, in line with the guidelines set by the Supr....
The court established that FIRs can be quashed when disputes are settled amicably, particularly in personal and matrimonial matters.
The main legal point established in the judgment is that in cases of matrimonial disputes and offences with a predominantly civil nature, the possibility of conviction being remote and bleak, and the....
The High Court may quash FIRs for personal offences if the parties settled amicably, but serious offences affecting public interest continue as the process of law must be upheld.
The power to quash criminal proceedings based on a settlement between the parties depends on the facts and circumstances of each case, and the court must consider the nature and gravity of the crime,....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
