2017 (3) TMI 1936 - HC - Indian Laws

Criminal Case Quashed After Settlement: Court Ends Proceedings Following Vehicle Return and Final Payment.

The court quashed the FIR under Sections 406/420/468/471 IPC registered at Police Station-Parliament Street, Delhi, against the petitioners. After the ... Seeking quashing of FIR - re-payment of loan amount was made or not - HELD THAT:- The petitioners have paid the loan/settlement amount to the respondent No.2 and nothing remains to be adjudicated further, to remove the hurdle in the personal life of the present petitioners for leading better and peaceful life and to meet the ends of justice, it is deemed appropriate to quash the FIR No.107/2003, under Sections 406/420/468/471 IPC, registered at Police Station-Parliament Street, Delhi qua against the petitioners, namely Vijay Kumar Gupta, Raj Kumar Sharma and Vinod Chaudhary only to the extent of their role in commission of the alleged offence. Petition allowed. Issues:Quashing of FIR under Sections 406/420/468/471 IPC registered at Police Station-Parliament Street, Delhi.Analysis:The petitioners approached the bank for vehicle finance, representing their intent to abide by all terms and conditions. The bank disbursed the loan amount, and the borrowers executed necessary agreements. However, the borrowers failed to make regular payments as agreed, leading to the bank filing a complaint resulting in the FIR registration. The petitioners claimed the default was due to unavoidable circumstances and settled the matter with the bank by returning vehicles and making full and final settlement payments. The bank acknowledged receiving the settlement amount and had no objection to quashing the FIR.Legal Precedent:Referring to Gian Singh v. State of Punjab, the court emphasized the need to consider the fairness and interest of justice in continuing criminal proceedings post-settlement. The court noted that since the petitioners had paid the settlement amount to the bank, and no further adjudication was required, it was appropriate to quash the FIR to enable the petitioners to lead a peaceful life.Conclusion:Considering the settlement between the parties and the payment of the settlement amount by the petitioners, the court quashed the FIR under Sections 406/420/468/471 IPC registered at Police Station-Parliament Street, Delhi against the petitioners involved in the alleged offense. The court allowed the petition and disposed of all pending applications, facilitating the petitioners in moving forward with their lives.