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2025 DAILYLAW 5958 (DEL)

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

CRL.M.C./2351/2025 · 2026-08-06

Madhu Jain

body2025

Judgment text

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$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010188512025 + CRL.M.C. 2351/2025 & CRL.M.A. 10582/2025 ABHISHEK GOYAT & ANR. .....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 and R-3 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. 228/2024, registered at Police Station Vivek Vihar, District Shahdara, Delhi, under Sections 409 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 11:22:51 No. 2, through its authorised representative, and Respondent No. 3 are also present. They have been duly identified by the Investigating Officer (IO). 5. Briefly stated, the dispute arises out of business and commercial transactions relating to the affairs of Respondent No. 2 Company. The Petitioners were inducted as Directors of Respondent No. 2 pursuant to a Memorandum of Understanding for development and monetisation of a real estate project situated at Sector-150, Noida. It is alleged that despite a Board Resolution dated 01.07.2021 directing closure of the Company’s current account maintained with AU Small Finance Bank, the said account continued to remain operational and funds were allegedly siphoned therefrom, pursuant to which the present FIR came to be registered. 6. Learned counsel for the Petitioners submits that the parties have amicably resolved all their disputes and differences. It is submitted that the disputed amount has already been refunded and the parties have executed a Settlement Agreement dated 01.10.2024. It is further submitted that Respondent Nos. 2 and 3 have furnished Affidavits 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 and 3 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 No. 2, through its authorised representative, and Respondent No. 3, duly identified by the IO, submit that the settlement has been arrived at voluntarily, without any force, coercion or undue influence, and that they have no objection if the present FIR and all proceedings arising therefrom are quashed. 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 11:22:51 9. In view of the Settlement Agreement dated 01.10.2024, the affidavits placed on record by Respondent Nos. 2 and 3 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. 228/2024 registered at Police Station Vivek Vihar, District Shahdara, Delhi, under Sections 409 and 120B of the IPC, along with all consequential proceedings emanating therefrom, is hereby quashed. 11. The present petition, along with pending application(s), if any, stands disposed of. 12. Copy of the order be communicated to the concerned Trial Court for necessary action and compliance. 13. 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 11:22:51