SC: Quash FIR and the charge sheet filed by an aggrieved party if no attempt has been made for recovering the amount through civil action

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refused in registering the FIR, the complainant had invoked the powers of the Court as a result the complaint was withdrawn by  Respondent No. 2 .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.