Delhi High Court
Criminal LawCriminal Procedure and Evidence

FIR may be quashed qua an accused after settlement where investigation finds no knowing participation in wider fraud.

Jay Vallabhbhai Rathod@ Rathod Jay Vallabhdas vs State Of Delhi & Anr.

Delhi High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
FIR may be quashed qua an accused after settlement where investigation finds no knowing participation in wider fraud.. Jay Vallabhbhai Rathod@ Rathod Jay Vallabhdas vs State Of Delhi & Anr.. Delhi High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Respondent no. 2 alleged that she was induced through WhatsApp to invest in the stock market and transferred ₹3,35,805 in six transactions.

Source reference: paras. 2–4, pp. 1–2

One of the accounts receiving the money belonged to the petitioner, who was not named in the FIR but was traced during the investigation.

Source reference: paras. 2–4, pp. 1–2

The petitioner maintained that his account was used without his knowledge or consent and that he received no benefit.

Source reference: paras. 2–4, pp. 1–2

The parties entered into a compromise; respondent no. 2 confirmed that it was voluntary and that she had received consideration under it.

Source reference: paras. 5–7, pp. 2–3

The petitioner sought quashing of FIR No. 0098/2025, registered under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the proceedings arising from it under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Source reference: para. 1, p. 1
02

Issues

Whether the FIR and proceedings under Section 318(4) BNS should be quashed qua the petitioner under Section 528 BNSS in light of the parties’ compromise.

Source reference: paras. 1, 5–10, pp. 1–3

Whether the petitioner’s circumstances and the investigation supported quashing the proceedings despite the allegation that his account received part of the defrauded amount.

Source reference: paras. 4, 9–10, pp. 2–3
03

Law Applied

Section 528 BNSS provides the High Court’s inherent jurisdiction to make orders necessary to secure the ends of justice or prevent abuse of the process of any court.

Source reference: paras. 1, 8–10, pp. 1, 3

The FIR invoked Section 318(4) BNS, concerning cheating and dishonestly inducing delivery of property.

Source reference: paras. 1, 8–10, pp. 1, 3

The judgment cites no precedent or further legal test; it rests its decision on the compromise, the State’s lack of opposition, and the case-specific findings recorded by the Court.

Source reference: paras. 1, 8–10, pp. 1, 3
04

Reasoning

The Court accepted the compromise after respondent no. 2 confirmed that it was voluntary and that she had received consideration.

Source reference: paras. 7–10, p. 3

The Investigating Officer stated that the investigation was complete and disclosed no knowing participation by the petitioner in an organised scheme affecting other victims.

Source reference: paras. 7–10, p. 3

In light of those circumstances, and the State’s non-opposition, the Court concluded that continuing proceedings would serve no useful purpose and would cause disproportionate prejudice to the petitioner.

Source reference: paras. 7–10, p. 3
05

Holding

The Court allowed the petition under Section 528 BNSS and quashed FIR No. 0098/2025, registered under Section 318(4) BNS, and all proceedings arising from it qua the petitioner.
06

Acts & Sections Cited

3 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20232

Bharatiya Nyaya Sanhita, 20231

Delhi High Court

Original Court PDF

Jay Vallabhbhai Rathod@ Rathod Jay VallabhdasvsState Of Delhi & Anr.

Delhi High Court · September 30, 2026

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