HIGH COURT OF DELHI
MOHIT GOGIA – Appellant
Versus
STATE OF NCT OF DELHI & ANR. – Respondent
Based on the provided legal document, the key points are as follows:
The petition was filed under Article 226 of the Constitution of India and Section 482 of the CrPC to seek the quashing of FIR No. 169/2022 registered at the Police Station Economic Offences Wing for offences under Sections 406/420/467/468/465/471/120B of the IPC, including all related proceedings (!) .
The allegations involved the petitioner allegedly deceiving the complainant by promising connections with banks and low-cost auction purchases, leading the complainant to transfer a substantial amount of money (₹83,40,000/-) (!) .
The dispute was resolved amicably through a Memorandum of Understanding (MOU) dated 06.2023, with the complainant receiving his money back and expressing no desire to pursue further proceedings (!) (!) .
The Court noted that the offences under Sections 420/406 IPC are compoundable, while those under Sections 467/468/465/471 IPC are non-compoundable (!) .
The Court emphasized that the inherent powers under Section 482 of the CrPC can be exercised to quash proceedings even for non-compoundable offences if there is a settlement between the parties, and such exercise should be done cautiously, primarily to secure the ends of justice or prevent abuse of the judicial process (!) (!) .
The Court highlighted that serious offences involving heinous acts or impacting society broadly, such as murder or rape, should not be quashed solely based on settlement, whereas cases with a predominantly civil or commercial character are more amenable to quashing upon settlement (!) (!) .
The Court considered that the dispute was of a civil nature arising out of a business transaction, and since the parties had amicably settled their differences, continuing with the proceedings would constitute an abuse of the process of the Court (!) .
The Court decided to exercise its discretion under Section 482 of the CrPC to quash the FIR and all related proceedings, provided that the petitioner paid costs of ₹50,000/-—split equally between the Delhi Police Welfare Fund and the Delhi High Court Bar Association—within eight weeks (!) .
The Court observed that, given the amicable settlement and the nature of the dispute, quashing the proceedings was justified to serve the ends of justice, despite the charge sheet already being filed (!) (!) .
The petition was accordingly allowed, and the FIR along with all consequential proceedings were quashed under the specified conditions (!) .
These points encapsulate the Court’s reasoning, the legal principles applied, and the outcome of the case, emphasizing the importance of settlement, the nature of the offences, and the Court’s discretionary power to prevent abuse of process.
O R D E R
% 22.02.2024
1. The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of FIR No.169/2022 dated 16.11.2022 registered at Police Station Economic Offences Wing for offences under Sections 406/420/467/468/465/471/120B of the Indian Penal Code, 1860 (‘IPC’), including all consequential proceedings emanating therefrom. The said FIR was lodged at the instance of complainant/Respondent No. 2.
2. The complainant has alleged that he was approached by the accused/ petitioner herein through a common acquaintance whereby the accused persons represented to the complainant that they have good connections with several banks and they used to purchase vehicles and properties from the banks at a very low price in the auctions. Further, the complainant has alleged that W.P(CRL) 3395/2023 Page 1 of 7 the accused persons even showed documents of previous purchases through auctions in order to gain confidence. It is alleged that the accused persons asked the complainant to invest either directly in their business or purchase vehicle/ property which the accused would purchase during the
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