The Apex Court on 15.11.2018, in Anand Kumar Mohatta and Anr. v State (Govt. of NCT of Delhi) Department of Home and Anr. [1], allowed the appeal that was made to challenge the High Court of Delhi’s judgement and order ,that rejected Appellants petition and quashing of the FIR . The Respondent No.1 had filed a charge sheet in the Court of Metropolitan Magistrate, Patiala House Court, Delhi against the Appellants , while the appeal was still pending. The Appellants further amended the main prayer in the appeal while adding an additional prayer to quash the charge sheet .
FACTS:
The appeal was made by the accused against whom the FIR had been lodged , regarding the disputes which arose out of an agreement that was entered into between the Appellant No.1 and the complainant wherein the parties decided in developing the said property by building a building which would comprise of flats. The Respondent No.2 had already paid an amount of one crore as per the agreement’s clause. However, due to the introduction of regulations pertaining to the new buildings, the agreement suffered a failure.
As such a letter was written by Appellant No.1, whereby he mentioned his disapproval in developing the property. But no further actions were initiated nor had the money been refunded by the Appellants as a result, a criminal complaint was filed by the Respondent No.2, with the Additional Commissioner of Police. When the police refused in registering the FIR, the complainant had invoked the powers of the Court as a result the complaint was withdrawn by Respondent No. 2 .
Subsequently, the High Court had been approached to seek the quashing of FIR , where the petition filed by the Appellants’ was disposed of petition filed while a direction was given to investigate. Thereafter, an appeal was made before the Apex Court .
HELD:
The Apex Court allowed the appeal as well the amendment of the Appellant’s prayer and quashed the charge sheet as well as the FIR while setting aside the judgment and order of High Court of Delhi.
[1] https://www.sci.gov.in/supremecourt/2016/15227/15227_2016_Judgement_15-Nov-2018.pdf