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DINESH KUMAR SHARMA
Amit Podar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT :
Dinesh Kumar Sharma, J.
Present petition has been filed for quashing of FIR No. 198/2020 registered under sections 406/120B IPC at PS. Economic Offences Wing. The FIR was lodged on the joint complaint of Sh. Sandeep Jain (Proprietor of Jain sons jewellers & also a partner in M/s G.J. Jewels), Nimit Jain (Proprietor of M/s Aurum Jewels) & Sanju Sharma (proprietor of M/s Dia Gold trading Company) against the petitioner/alleged persons i.e. (1) Amit Poddar, (2) Ms. Kajal Poddar w/o Amit Poddar, (3) Sanjay Tulshiyan (brother in law of Amit Poddar), (4) Sachin Jain @ Manish Jain (proprietor of Mis Happy Impex), (5) Nawal Soni (Proprietor of M/s Sri. chand Sarwan Kumar Jewellers) & (6) Mr. Karan Singh Soni (Proprietor M/s Bharat Verma Jewellers). In the FIR it was alleged that the Petitioners and the Respondent No. 2, 3 and 4, are engaged in the business oftrading and manufacturing gold bullion, gold/diamond jewellery etc., had business relations/transactions amongst themselves, which commenced one year prior to the date of the alleged incident. It has been alleged that on 12 March 2020, when complainants visited the office of the petitioners, some stranger was already present,
The power of the High Court to quash criminal proceedings in cases of settlement depends on the nature and gravity of the crime, especially in commercial transactions.
The main legal principle established in the judgment is that if the dispute is private in nature and the parties have entered into a settlement, and there is a remote or bleak chance of conviction, i....
Private disputes can be quashed if settled voluntarily and within the legal framework.
The court may exercise power under section 482 CrPC to quash criminal proceedings when the chances of conviction are bleak and a settlement between the parties would lead to better relations.
The court emphasized the wide plenitude of inherent power to quash criminal proceedings in cases of overwhelmingly civil nature and full settlement between the parties.
The main legal point established in the judgment is that if the dispute is private in nature and the parties have entered into the settlement at their own free will, the court may quash the proceedin....
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