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DELHI HIGH COURT
MUKTA GUPTA
Amit Gupta – Appellant
Versus
State – Respondent
JUDGMENT
Mukta Gupta, J.
CRL.M.C. 1203/2021
1. By this petition, the petitioner seeks quashing of FIR No. 326/2018 under Sections 420/406/34 IPC registered at P.S. Hauz Khas on the complaint of the respondent No. 2 on the ground that the parties had settled their disputes vide the MoU dated 8th September 2019. According to the petitioner, he has complied with the terms of settlement arrived at between the parties and statement of the respondent No. 2 through his father was also recorded before the learned Additional District Judge, South District, Saket Courts on 27th January 2020 in Suit No. 700/2018 filed by the respondent No. 2 titled `Anish Goel Vs. Amit Gupta' and based on the settlement, the petitioner withdrew a company petition filed by him on 21st October 2019, however, now the respondent No. 2 is not co-operating and coming forward to quash the FIR in question. The petitioner having complied with all his obligations as envisaged under the MoU dated 8th September 2019, the respondent No. 2 on one pretext or the other, cannot deny, no objection affidavit for the quashing of the above-noted FIR.
2. As per the case of the petitioner, the petitioner and the respondent No.
Settlement agreements must be adhered to once executed voluntarily, and claims cannot be revisited post-compliance with the agreed terms, despite the absence of certain documentation.
High Court can quash FIRs in settled disputes even for serious offenses if continuation serves no purpose and leads to abuse of legal process.
The High Court has jurisdiction under Section 482 Cr.P.C. to quash FIRs that do not disclose a criminal offence when the matter is essentially civil in nature.
The main legal point established in the judgment is that the High Court has the inherent power under Section 482 of the Code to quash criminal proceedings if the parties have amicably settled the dis....
The central legal point established is the court's power to quash FIRs based on settlements and the importance of preventing the abuse of the court process.
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