Claims For Recovery Of Gold Ornaments In Matrimonial Disputes Must Be Supported By Probable Evidence; Exaggerated Claims Unsafe: Kerala High Court Naib Tahsildar Performing Quasi-Judicial Duties Is A 'Judge', Protected From Disciplinary Action For Bonafide Errors: Madhya Pradesh High Court Purchaser Estopped From Refusing Delivery Or Payment Of Statutory Taxes After Participating In Machinery Trial Runs: Madras High Court Presumption Of Marriage From Aadhaar, Passports Is Rebuttable; Long Silence Dislodges Marital Claim: Kerala High Court Government Cannot Deny Promotional Benefits To Employee Who Assumes Charge On The Date Of Superannuation: Karnataka High Court Disproportionate Assets 608% More Than Salary Establish 'Proceeds Of Crime' Prima Facie; No Mini-Trial At Discharge Stage: Jharkhand High Court Decree Based On 'Evasive Denial' Improper If Defendant Raises Specific Defenses Going To Root Of Case: J&K & Ladakh High Court Trial Courts Cannot Adjourn Ad-Interim Injunction Petitions For Months While Ordering 'Urgent Notice': Andhra Pradesh High Court Agent Of Court Receiver Who Breaches Undertaking On Nature Of Business Not Entitled To Occupy Premises Without Paying Royalty: Bombay High Court Criminal Antecedents Of A Witness Do Not Operate As Disqualification, Testimony To Be Assessed With Caution Not Suspicion: Calcutta High Court Bar On Raising Benami Defense Under Section 4 Applies To All Suits Filed After 1988 Act, Even For Past Transactions: Allahabad High Court Article 21 Can Trump UAPA Bail Restrictions In Cases Of Prolonged Incarceration: Delhi High Court Grants Bail To Activist Khuram Parvez Mere Possession Of Jihad Literature Not An Offence; Cannot Be Tagged With Terrorism Without Evidence Of Criminal Act: Telangana High Court

Serious Allegations Cannot Be Quashed Merely Based on Settlement - Delhi High Court Upholds Society's Interest in Extortion Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court today dismissed a petition seeking the quashing of an FIR involving serious charges of physical assault and extortion. The judgment, delivered by Hon'ble Ms. Justice Swarana Kanta Sharma, emphasized the societal implications of serious criminal allegations.

The case, titled "CRL.M.C. 2520/2023 & CRL.M.A. 9584/2023 - Vishesh Aggarwal & Ors. versus State of NCT of Delhi & Anr.", revolved around an FIR registered for offences under Sections 323/341/384/506/34 of the IPC. The petitioners, represented by Mr. Arun Sharma, sought the quashing of the FIR under Section 482 of the Cr.P.C., citing a settlement with the complainant.

Justice Sharma, in her observation, stated, "Such allegations cannot be treated as mere private disputes between two parties and, if found true during the course of investigation or trial, are to be considered as an offence against the society at large." This statement underlines the Court's stance on the gravity of the accusations.

The Court referred to the guidelines for quashing an FIR established in "State of Haryana v. Ch. Bhajan Lal" and subsequent judgments. It was highlighted that allegations of extortion and physical assault, as in the present case, do not fall within the parameters for quashing an FIR based on a settlement. The Court's decision reflects a commitment to ensuring that serious crimes are thoroughly investigated and prosecuted, upholding the larger public and societal interest.

Date : 24.11.2023

VISHESH AGGARWAL & ORS. VS STATE OF NCT OF DELHI & ANR.

Latest Legal News