Serious Allegations Cannot Be Quashed Merely Based on Settlement – Delhi High Court Upholds Society’s Interest in Extortion Case
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.
