Delhi High Court
Civil Procedure and EvidenceCriminal Law

A cheating FIR may be quashed after full settlement and restitution.

Mohd. Shafik vs State (Nct Of Delhi) & Anr.

Delhi High CourtJUDGMENT: October 15, 20262 MIN READSOURCE JUDGMENT
A cheating FIR may be quashed after full settlement and restitution.. Mohd. Shafik vs State (Nct Of Delhi) & Anr.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of FIR No. 0158/2024, registered at P.S. Amar Colony under Sections 420/34 IPC, and the proceedings arising from it

Source reference: para. 3

The complainant stated that the parties had executed a Memorandum of Understanding dated 16 April 2026 and that he had settled the matter voluntarily, without coercion or undue influence, and received the full settlement amount

Source reference: paras. 4–5

The complainant and petitioner were identified in Court by the investigating officer; the complainant had no objection to quashing, and the charge sheet had not yet been filed

Source reference: paras. 7–9
02

Issues

Whether the FIR and proceedings under Sections 420/34 IPC could be quashed in view of the parties’ settlement and the complainant’s consent

Source reference: paras. 3–7, 10

Whether any impediment existed to quashing where the full amount had been returned and the charge sheet had not been filed

Source reference: paras. 9–10
03

Law Applied

Section 528 BNSS provides the High Court’s inherent power to prevent abuse of process and secure the ends of justice

Source reference: para. 3

The Court noted that offences under Sections 420/34 IPC were compoundable by the person cheated

Source reference: para. 6

It relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303, and Narinder Singh v. State of Punjab, (2014) 6 SCC 466, concerning the High Court’s power to quash criminal proceedings in light of a settlement

Source reference: para. 10
04

Reasoning

The Court found that the settlement was voluntary, the complainant had received the entire amount involved, and he expressly consented to quashing

Source reference: paras. 5, 7, 9

The parties’ identities were verified by the investigating officer, and the charge sheet had not been filed

Source reference: para. 9

Considering these circumstances, the compoundable nature of the offences and the cited Supreme Court decisions, the Court found no impediment to granting the petition

Source reference: paras. 6, 10
05

Holding

The Court allowed the petition and quashed FIR No. 0158/2024, registered at P.S. Amar Colony under Sections 420/34 IPC, together with all proceedings emanating from it

The petition was disposed of accordingly

Source reference: para. 12
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Indian Penal Code, 18602

Delhi High Court

Original Court PDF

Mohd. ShafikvsState (Nct Of Delhi) & Anr.

Delhi High Court · October 15, 2026

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