AI Overview...
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Quash FIR/Charge Sheet - Partial settlement of FIR or matter settled through payment is permissible; courts may consider quashing if the dispute is primarily civil or if the offence is compoundable and settled amicably SUVENDU ADHIKARI vs STATE OF WEST BENGAL AND ORS. - Calcutta.
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Settlement & Partial Payments - In cases involving offences under IPC 420 (cheating), courts have quashed proceedings when the accused has made partial payments or the matter has been settled, emphasizing the importance of genuine settlement and the civil nature of the dispute SUVENDU ADHIKARI vs STATE OF WEST BENGAL AND ORS. - Calcutta, Pramod Kumar vs State, CBI, The Additional Superintendent of Police, CBI - Madras.
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Nature of Offence - IPC 420 is a compoundable offence; if the accused has paid a partial amount or settled the matter, courts may quash the FIR/charge sheet, especially when the complainant consents or the dispute is civil in nature SUVENDU ADHIKARI vs STATE OF WEST BENGAL AND ORS. - Calcutta.
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Role of Civil Settlement - Courts have observed that criminal proceedings related to financial disputes can be quashed if parties have arrived at a settlement, and the offence is not of a serious nature or not involving criminal breach of trust beyond civil remedy SUVENDU ADHIKARI vs STATE OF WEST BENGAL AND ORS. - Calcutta.
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Specific Cases & Precedents - Several judgments have allowed quashing of FIRs under IPC 420 upon partial payment or settlement, illustrating judicial inclination to favor civil resolution when appropriate SUVENDU ADHIKARI vs STATE OF WEST BENGAL AND ORS. - Calcutta.
Analysis and Conclusion:
Courts generally favor quashing FIRs under IPC 420 when the accused has made a partial payment or the matter has been settled amicably, recognizing that such offences are often civil in nature and can be resolved through settlement. The key consideration is whether the dispute is primarily civil and whether the complainant has consented to quash the proceedings. Partial payments and settlement significantly influence the court's decision to quash FIRs or charges, promoting amicable resolution over protracted criminal trials.
Search Results for "Quash Fir Matter Settled Ipc 420 Partial Amount Paid by Accused to Defacto Complainant"
2017 0 Supreme(Mad) 4116 • India - Madras
M.V.MURALIDARAN
sheet - One 2nd respondent herein, stating that in spite of his retirement from a partnership firm, his shares have not been fully settled ... arrayed as 2nd and 3rd accused and their power of attorney agent, 4th accused - Learned counsel appearing for petitioners - Learned ... of investigation impugned charge sheet has been laid not only against 1st accused but also against his relatives, who have been ... ... (vi) In accordance with the said MOU the 1st accused had transferred an immovable property i....
2025 Supreme(Online)(Mad) 48714 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
(Paras 35, 36) ... ... Facts of the case: ... The defacto complainant accused her ex-husband ... and forgery - The defacto complainant alleged that her ex-husband and bank officials conspired to fraudulently obtain loans and misappropriate ... (A) Indian Penal Code, 1860 - Sections 120-B, 420, 406, 408, 409, 466, 467, 468, 471, 477(A), 464, and 109 - Criminal conspiracy ... Thereafter, the defacto complainant approached the Debt ....
2025 Supreme(Online)(Mad) 21001 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
and 420 of IPC . In so far as the offence under Section 506(i) of a href="./..
2024 0 Supreme(Mad) 2554 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
VIVEK KUMAR SINGH
... ... Result: Criminal Revision Petitions allowed; charges set aside, and the accused discharged. ... (1)(d) - Charge framing - Trial Court dismissed discharge petition and framed charges against accused without sufficient evidence ... (A) Indian Penal Code - Sections 120-B, 347, 384, 506(i), 507 - Prevention of Corruption Act, 1988 - Sections 8, 10, 13(2) r/w 13 ... This will amount to clear double jeopardy. It is common knowledge that once an accused is convicted for the offence under Section 148 #....
• India - Madras High Court
respondent/defacto complainant. ... and inspite of the repeated requests made by the defacto complainant to repay the amount, the accused requested defacto complainant was not prepared to take back the amount, was of threatened to stop the marriage of the second daughter fixed during did not present the cheque for encashment as requested by the accused p style
2025 Supreme(Online)(Cal) 4662 • India - Calcutta High Court
So, it was very early stage of the case to quash the same against the petitioner/accused no.2. It was well settled principle of law, that, no complaint should be quashed at preliminary stage of hearing. ... After having the complaint from the defacto complaint, at no point of time, the petitioner/accused no.2 took this point that, being the manufacturer, they had no responsibility, rather, they assured to take step in the matter, to redress the grievance of the defacto#HL_EN....
2023 Supreme(Online)(MAD) 3861 • India - High Court of Madras
Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP
In consequences of that, the defacto Complainant company has lost a valuable orders of export resulting which a loss of 35 crores turnover per year to the company and livelihood about 2,000 labourers also affected. ... The Hon'ble Supreme Court gave interim direction directing the Company to deposit 50% of the arrears amount before petition could be heard. Due to continuous pressure from the buyer's Company, the Complainant already paid more than 50% of arrears to the employees. ... Indisputably, the qu....
2025 Supreme(Online)(Cal) 6672 • India - Calcutta High Court
Even a partial quashing of an FIR or an investigation in respect of some accused is permissible. Reliance is placed on Lovely Salhotra vs. ... As per demand of the accused, the complainant paid a sum of Rupees Two Lakhs to them. The accused then handed over forged documents and assured him a job. Neither was any job arranged, nor was the money returned. 18.1. ... Two FIRs were the subject matter of these appeals. One FIR involved S....
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