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. 3The 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. 4–5The 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. 7–9Issues
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, 10Whether any impediment existed to quashing where the full amount had been returned and the charge sheet had not been filed
Source reference: paras. 9–10Law 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. 3The Court noted that offences under Sections 420/34 IPC were compoundable by the person cheated
Source reference: para. 6It 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. 10Reasoning
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, 9The parties’ identities were verified by the investigating officer, and the charge sheet had not been filed
Source reference: para. 9Considering 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, 10Holding
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. 12Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18602
Original Court PDF
Mohd. ShafikvsState (Nct Of Delhi) & Anr.
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Original judgment, available to read, download and summarize on LawLens.in
