Delhi High Court
Vishal Yadav & Anr vs The State (Govt. Of Nct Of Delhi) on 13 October, 2025
$~88
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 13.10.2025
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+ W.P.(CRL) 335/2024
VISHAL YADAV & ANR. .....Petitioners
Through: Mr. Sujeet Beniwal, Mr.
Deepak Chillar, Advs. with
petitioners in person.
versus
THE STATE (GOVT. OF NCT OF DELHI)......Respondents
Through: Ms. Rupali Bandhopadhya,
ASC with Mr. Abhijeet Kumar,
Ms. Amisha Gupta, Advs. with
SI Lakhan, PS EOW.
Mr. Tushar Rohmetra, Adv. for
R-2.
AR of R-2 through VC.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Article 226 of the Constitution of India
read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
seeking quashing of FIR No. 14/2023, dated 15.02.2023, registered at
P.S Economic Offences Wing under Sections 406/420/120B IPC and
all proceedings emanating therefrom on the basis of settlement
between the parties.
2. As per allegations made in the FIR, petitioners induced
respondent no. 2's company to export PVC resin consignments worth
USD 1,153,831.25 to Essential Tradexpo Pvt. Ltd. on a 60-day credit
term but failed to make payment after receipt.. FIR No. 14/2023 was
lodged at the instance of respondent no. 2, at PS Economic Offences
Wing under sections 406/420/120B IPC against the petitioner.
3. During the course of proceedings, the parties amicably resolved
their disputes and executed a Settlement Agreement dated 30.10.2023.
It is submitted that petitioners have paid the total settlement amount of
Rs. 51,80,231/- (Rupees Fifty One Lacs Eighty Thousand Two
Hundred Thirty One only) equivalent to USD 62,225/- to respondent
no. 2 as per the schedule in the settlement. Copy of the Settlement
Agreement dated 30.10.2023 has been annexed as Annexure B.
4. Petitioners are physically present before the Court while AR of
Respondent no. 2 has entered his appearance through VC. They have
been identified by their respective counsels as well as by the
Investigating Officer SI Lakhan, from PS EOW.
5. Respondent no. 2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and he has
no objection if the FIR No. 14/2023 is quashed against the petitioners.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 14/2023 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. Further, it is settled that the inherent powers under section 482
of the Code are required to be exercised to secure the ends of justice or
to prevent abuse of the process of any court. Further, the High Court
can quash non-compoundable offences after considering the nature of
the offence and the amicable settlement between the concerned
parties. Reliance may be placed upon B.S. Joshi v. State of Haryana,
(2003) 4 SCC 675.
9. In view of the above facts that the parties have amicably
resolved their differences out of their own free will and without any
coercion. Hence, it would be in the interest of justice, to quash the
abovementioned FIR and the proceedings pursuant thereto.
10. The petition is allowed, and the FIR No. 14/2023, dated
15.02.2023, registered at P.S Economic Offences Wing under section
406/420/120B IPC and all the other consequential proceeding
emanating therefrom is hereby quashed subject to petitioners
depositing a cost of Rs. 20,000/- (Rupees Twenty Thousand) each
with Delhi High Court Advocates Welfare Trust, maintained with
UCO Bank (A/c No. 15530210002995) within one month.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
October 13, 2025
SK
