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Showing contexts for: partial quash in Shri Avinash Kumar Vasisht & Ors vs State (Nct Of Delhi) & Anr on 20 August, 2025Matching Fragments
13. Learned APP submits that it is a case of partial quashing of FIR, inasmuch as, there is one more accused namely Shiv Niwas, who has been charge-sheeted and facing trial. He further submits that only petitioner No. 1 has been kept in Column No. 12 of the charge sheet and the names of petitioners No. 2 & 3 have not been mentioned in Column No. 12. He further submits that in view of amicable settlement between the petitioners and complainant, State has no objection if FIR bearing No. 835/2023 is quashed qua the petitioners.
14. Learned counsel for the petitioners submits that the partial quashing of the FIR qua the present petitioners, is permissible. In support of such submissions, he places reliance on the decision of the Supreme Court in the case of Lovely Salhotra & Anr. Vs. State (2018) 12 Supreme Court Cases 391, wherein, the Apex Court observed that it cannot be held that the FIR cannot be quashed in part where no offence was made out against the accused who sought the quashing of the FIR. The relevant paras of the decision are extracted below:-
4. Accordingly, we find that the order so passed by the High Court is not sustainable in the eye of the law and deserves to be set aside. Accordingly, we set aside the said order of the High Court and quash the FIR qua the appellants herein. The appeal is allowed in the aforestated terms."
15. Thus, in view of the aforesaid, decision of the Apex Court, partial quashing of FIR is permissible.
19. Hence, in the interest of justice, petition is allowed and FIR No. 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 22/08/2025 at 23:34:50 835/2023, dated 24.11.2023, registered at PS Punjabi Bagh, under Sections 406/420/467/468/471 & 120-B IPC is partially quashed only qua the present petitioners subject to encashment of cheque of Rs. 35 lakhs/transfer of Rs. 35 lakhs in the account of respondent No. 2.