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2025 DAILYLAW 5946 (DEL)

ABHISHEK GOYAT & ORS. v. STATE OF NCT OF DELHI & ORS.

CRL.M.C./2352/2025 · 2026-08-06

Madhu Jain

body2025

Judgment text

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$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010188522025 + CRL.M.C. 2352/2025 & CRL.M.A. 10584/2025 ABHISHEK GOYAT & ORS. .....Petitioners Through: Mohd. Faris and Mohd Sufiyan, Advs. with petitioners through VC. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Richa Dhawan, APP with Insp. Surendra Sharma. R-2 to R-4 in person. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.08.2026 1. This hearing has been done through hybrid mode. 2. By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘CrPC’) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the Petitioners seek quashing of FIR No. 226/2024 registered at Police Station Vivek Vihar, District Shahdara, Delhi, under Sections 406, 420 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), along with all consequential proceedings emanating therefrom, on the basis of the settlement arrived at between the parties. 3. Issue notice. Learned APP accepts notice on behalf of the State. 4. The Petitioners are present through Video Conferencing. Respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2026 at 11:22:52 No. 2, through its authorised representative, and Respondent Nos. 3 and 4 are also present. They have been duly identified by the Investigating Officer (IO). 5. Briefly stated, the present FIR came to be registered pursuant to a complaint alleging misappropriation of funds and other irregularities in relation to the affairs of Respondent Nos. 2 and 3 Companies. As per the case set up in the petition, Petitioner Nos. 1 and 2 were inducted as Directors of Respondent Nos. 2 and 3 pursuant to a Memorandum of Understanding for the development and monetisation of a real estate project situated at Plot No. SC-01/3-4, Sector-150, Noida, Uttar Pradesh. It is alleged that disputes subsequently arose between the parties with regard to the management of the Companies and certain financial transactions, including the transfer of a unit in the said project, culminating in the registration of the present FIR. 6. Learned counsel for the Petitioners submits that during the pendency of the proceedings, the parties have amicably resolved all their disputes and differences and have executed a Memorandum of Settlement dated 29.07.2025. It is submitted that under the terms of the said settlement, the complainants have agreed to withdraw the present FIR and all other legal proceedings arising out of the subject matter of the dispute against the Petitioners. It is further submitted that the Respondents have also furnished Affidavits affirming the settlement and recording their no objection to the quashing of the present FIR and all consequential proceedings emanating therefrom. 7. Learned APP for the State submits that Respondent Nos. 2, 3 and 4 have settled the matter with the Petitioners and, in fact, the Investigating Agency was proposing to file a closure report in the present case. 8. On a query made by this Court, Respondent Nos. 2, 3 and 4, who are This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2026 at 11:22:52 present and have been duly identified by the Investigating Officer, state that the Memorandum of Settlement has been executed voluntarily, of their own free will, without any force, coercion or undue influence. They further submit that all disputes arising out of the subject matter of the present FIR stand amicably resolved and that they have no objection if the present FIR and all consequential proceedings arising therefrom are quashed. 9. In view of the Settlement Agreement dated 29.07.2025, the Affidavits placed on record by Respondents recording their no objection, and the statement of the learned APP that the Investigating Agency itself was proposing to file a closure report, this Court is of the considered opinion that no useful purpose would be served by permitting the criminal proceedings to continue. 10. Accordingly, FIR No. 226/2024 registered at Police Station Vivek Vihar, District Shahdara, Delhi, under Sections 406, 420 and 120B of the Indian Penal Code, 1860, along with all consequential proceedings emanating therefrom, is hereby quashed. 11. Copy of the order be communicated to the concerned Trial Court for necessary action and compliance. 12. The order be uploaded on the website forthwith. MADHU JAIN, J AUGUST 6, 2026/JYH/m This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/08/2026 at 11:22:52