Delhi High Court – Orders
Mr Anup Goyal And Other vs The State Of Nct Of Delhi And Ors on 13 June, 2025
$~ SB-19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4119/2025
MR ANUP GOYAL AND OTHER .....Petitioners
Through: Mr. N. Hariharan, Sr. Advocate with
Mr. Raghav Marwaha, Mr. Prashant
Mehta and Mr. Aman Akhtar,
Advocates along with Petitioner Nos.
3 to 5 in person.
versus
THE STATE OF NCT OF DELHI AND ORS .....Respondents
Through: Ms. Richa Dhawan, APP for the State
along with Inspector Rakesh Raushan,
EOW.
Mr. Prashant Sharma and Mr.
Lokender Singh Rathore, Advocates
for R-2 & R-3 along with AR of R-2
& R-3.
CORAM:
HON'BLE MR. JUSTICE TEJAS KARIA
ORDER
% 13.06.2025
CRL.M.A. 17884/2025 (for release of the Petitioner Nos. 1 & 2) and
CRL.M.A. 17885/2025 (stay)
1. These applications are filed under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (“BNSS”) read with Section 482 of the Code of
Criminal Procedure, 1973 (“CrPC“) seeking interim bail of the Petitioner
Nos. 1 and 2 during the pendency of the quashing petition and for stay of
investigation being conducted pursuant to FIR No. 0101/2024 (“FIR”)
registered at P.S. Economic Offences Wing, Mandir Marg, New Delhi,
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under Sections 406, 409, 420, 465, 467, 468, 471, 477A, 120-B and Section
34 of Indian Penal Code 1860 (“IPC“) and Section 66 of Information
Technology Act, 2000 (“IT Act“).
2. Pursuant to the orders dated 06.06.2025 and 11.06.2025, the
settlement agreement / MoU has been notarized and a copy of the same has
been handed over. The same is taken on record.
Factual Background:
3. It is stated that the Petitioners and Respondents were engaged in a
professional and business relationship. Petitioner No. 1, acting individually
and through his associated entities, was rendering consultancy services to
Respondent Nos. 2 and 3 for procurement of garment supply orders for
various domestic and international brands under the trade name “Fashinza”.
Subsequently, Petitioner Nos.1, 2, 4 and 5 entered into formal employment
with Respondent No. 2. In the course of this commercial relationship,
certain disputes arose which ultimately culminated into registration of the
FIR.
4. Petitioner No.1 preferred a writ petition being Writ Petition
(Criminal) No. 3251/2024 on 25.10.2024 seeking quashing of the lookout
circular issued in connection with the FIR, which is pending before this
Court and next listed on 22.09.2025.
5. On 05.05.2025, notices under Section 35(3) of the BNSS were issued
to the Petitioners directing them to join the investigation. On 09.05.2025
Petitioner Nos. 1 and 2 joined the investigation and were subsequently taken
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into judicial custody. On 15.05.2025 and 29.05.2025, the judicial custody of
Petitioner Nos. 1 and 2 was extended by the learned Duty Magistrate.
6. On 28.05.2025, a comprehensive settlement agreement was executed
between the Parties, wherein it was agreed that all the disputes between
them were mutually and amicably resolved, including the disputes which
found the basis of the FIR and ancillary proceedings. The Petitioners submit
that the settlement agreement was entered into without any coercion and
undue influence.
7. In terms of the settlement agreement, a sum of Rs. 4,50,00,000/-
(Rupees four crores fifty lakhs only) was paid by the Petitioners to
Respondent Nos. 2 and 3 through a demand draft. Both Respondent Nos. 2
and 3 also agreed to furnish no objection and provide all necessary
cooperation for grant of bail of the Petitioner Nos. 1 & 2 and quashing of the
FIR.
8. Accordingly, CRL.M.C. 4119/2025 has been filed for quashing of the
FIR (“Quashing Petition”) and it was listed on 06.06.2025 before the
Vacation Bench. Vide order dated 06.06.2025 the Vacation Bench observed
that the settlement agreement needed to be given a legal colour and, hence,
Petitioner Nos. 1 and 2 were directed to be produced on 11.06.2025 before
the Vacation Bench. On 11.06.2025, Petitioner Nos. 1 and 2 were produced
and they were directed to get the settlement agreement notarized and also
made the balance payment of Rs. 2,50,00,000/- (Rupees two crores fifty
lakhs only) to Respondent Nos. 2 and 3 by way of a demand draft and also
handed over two Security Cheques in terms of the settlement agreement.
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9. The learned counsel for Respondent Nos. 2 and 3, on instructions,
made a statement that they do not have any objection for quashing of the
FIR and they shall not encash the demand draft handed over on 11.06.2025
until the Quashing Petition is disposed of. However, the learned APP
appearing for Respondent No. 1 State submitted that the Respondent No. 1
had an objection with regard to the quashing of the FIR and sought time to
file a reply to place the objections on record.
10. Accordingly, the Quashing Petition has been listed before the Roster
bench on 14.07.2025, while granting time to Respondent No. 1 State to file
reply within three (3) weeks. As regards the applications for release on
interim bail and stay of further investigation in FIR, vide order dated
11.06.2025 notice was issued to Respondent No. 1 State and time was
granted to file a reply along with compilation of judgments as the learned
APP opposed the prayers made in these applications for release of Petitioner
Nos. 1 and 2 on interim bail during the pendency of the Quashing Petition
and further stay of the investigation in the FIR. Accordingly, the matter was
listed before the Vacation Bench on 13.06.2025.
Submissions of Petitioner Nos. 1 and 2
11. When the matter was taken up on 13.06.2025, Mr. Hariharan, the
learned Senior Counsel for the Petitioners submitted that the dispute has
been amicably settled between the Petitioners and Respondent No. 2 and 3
and the Quashing Petition in compliance with the terms of the settlement
agreement deserves to be allowed. He further submitted that till such time
the Quashing Petition is decided by this Court, there is no purpose to keep
Petitioner Nos. 1 and 2 in judicial custody as the entire amount as agreed
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under the settlement agreement has been fully paid to Respondent Nos. 2
and 3. It was further submitted that Respondent Nos. 2 and 3 conveyed no
objection for release of Petitioner Nos. 1 and 2 from judicial custody and
Respondent No. 1 State cannot object to release of Petitioner Nos. 1 and 2.
The learned Senior Counsel for the Petitioners have placed on record a
notarized settlement agreement, order dated 04.06.2025 passed by the
learned Additional Sessions Judge (“ASJ”), South District, Saket Courts
passed in Bail Application No. 1132 and 1133 of 2025 filed by Petitioner
Nos. 1 and 2 whereby the learned ASJ dismissed the bail applications. The
learned Senior Counsel for the Petitioners has also placed on record the
orders dated 29.05.2025 passed by the learned Chief Judicial Magistrate,
South District / Saket Courts, Delhi (“CJM”) in bail applications filed by
Petitioner Nos. 1 and 2. These documents are taken on record.
12. The learned counsel for the Petitioners has relied upon the decision of
the Supreme Court in Arnab Manoranjan Goswami Versus State of
Maharashtra and Ors (2021) SCC 427 to submit that this Court has power
to release Petitioner Nos. 1 and 2 on interim bail during the pendency of the
Quashing Petition. The Supreme Court had held as under:
“48. The striking aspect of the impugned judgment [Arnab
Manoranjan Goswami v. State of Maharashtra, 2020 SCC
OnLine Bom 2693] of the High Court spanning over fifty-six
pages is the absence of any evaluation even prima facie of
the most basic issue. The High Court, in other words, failed
to apply its mind to a fundamental issue which needed to be
considered while dealing with a petition for quashing under
Article 226 of the Constitution or Section 482 CrPC. The
High Court, by its judgment dated 9-11-2020 [Arnab
Manoranjan Goswami v. State of Maharashtra, 2020 SCCThis is a digitally signed order.
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OnLine Bom 2693] , has instead allowed the petition for
quashing to stand over for hearing a month later, and
therefore declined to allow the appellant’s prayer for interim
bail and relegated him to the remedy under Section 439
CrPC. In the meantime, liberty has been the casualty. The
High Court having failed to evaluate prima facie whether the
allegations in the FIR, taken as they stand, bring the case
within the fold of Section 306 read with Section 34 IPC, this
Court is now called upon to perform the task.”
13. In view of the above, the learned Senior Counsel for the Petitioners
has submitted that each day spent by Petitioner Nos. 1 and 2 in judicial
custody, despite making full payment as agreed in the settlement agreement,
is the casualty as observed by the Supreme Court. In view of the same,
Petitioner Nos. 1 and 2 should be released on interim bail during the
pendency of the Quashing Petition.
Submissions by Respondent No. 1 State
14. The learned APP appearing for Respondent No. 1 submits that merely
because the Petitioners have entered into the settlement agreement cannot be
the basis for releasing the Petitioners Nos. 1 and 2 on interim bail. The
learned CJM and the learned ASJ both have vide orders dated 29.05.2025
and 04.06.2025 have rejected the bail applications filed by the Petitioners
Nos. 1 and 2, respectively. It was further submitted that the investigation is
ongoing and releasing Petitioners Nos. 1 and 2 on interim bail will hamper
the investigation as the allegations of forgery are serious in nature, which
has resulted into wrongful loss to Respondent Nos. 2 and 3 to the tune of
more than Rs. 11,00,00,000/- (Rupees eleven crores).
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15. It was further submitted by the learned APP that Petitioner Nos. 1 and
2 have indulged in destruction of evidence and have tampered with the
digital evidence. It was also submitted that the money trail is being
established and that the investigation points towards Hong Kong,
Bangladesh and Germany, where Petitioner No. 1 runs various companies. It
was submitted that Petitioner No. 1 is a German National and Petitioner No.
2 works for Petitioner No. 1 and both have, in active connivance with each
other, created fake emails and forged documents for committing the offences
as mentioned in the FIR.
16. In view of the same, the learned APP strongly opposed grant of
interim bail and stay of further investigation during the pendency of the
Quashing Petition.
Conclusion:
17. Admittedly, the Petitioners and Respondent Nos. 2 and 3 have
entered into the settlement agreement whereby an amount of Rs.
7,00,00,000/- (Rupees seven crores) has been paid by the Petitioners to
Respondent Nos. 2 and 3.
18. As per the settlement agreement, Respondent Nos. 2 and 3 have given
their no objection for quashing of the FIR. Petitioner Nos. 1 and 2, who have
been in judicial custody since 09.05.2025, have agreed to be bound by the
terms of the settlement agreement. The dispute which culminated into the
FIR has been finally resolved between the Petitioners and Respondent Nos.
2 and 3 as the entire agreed amount under the settlement agreement has been
paid by the Petitioners to Respondent Nos. 2 and 3.
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19. It is settled law that even in respect of non-compoundable offences
the High Court in exercise of its inherent power under Section 482 of CrPC,
which is now Section 528 of BNSS, can quash criminal proceedings, where
the offences predominantly are of a civil, mercantile, commercial or
financial nature and the victim and the accused have amicably resolved the
disputes. Where the parties have settled their disputes, the High Court can
under Section 482 of CrPC quash the criminal proceedings. However, this
power has to be exercised sparingly and with caution. The High Court can
only exercise this power in cases where quashing would secure the ends of
justice or prevent abuse of the process of law. While exercising the power of
quashing, the High Court has to form an opinion on either of the said two
objectives. In criminal cases having overwhelmingly and predominantly
civil character, arising out of commercial transactions, the same should be
quashed when the parties have resolved their entire disputes among
themselves.
20. In the case of Narender Singh and ors vs. State of Punjab and anr
(2014) 6 SCC 466, the Supreme Court has held that while deciding whether
to exercise its power under Section 482 of the CrPC in the cases of
settlement, timing of the settlement plays a crucial role. It is held that the
cases where the settlement is arrived at immediately after the alleged
commission of the offence and while the matter is still under investigation,
the High Court may be liberal in accepting the settlement to quash the
criminal proceedings / investigation. The reason for the same is that the
stage of investigation is still on, the chargesheet has not been filed and even
in cases where the charge is framed but the evidence is yet to start or the
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evidence is at infancy stage, the High Court can show benevolence in
exercising its powers favourably to quash the FIR after prima facie
assessment of the circumstances / material available.
21. In the present case, although the FIR is filed on 31.07.2024, the
settlement agreement has been arrived at on 28.05.2025 immediately after
the notices under Section 35(3) of BNSS were issued to the Petitioners
directing them to join the investigation on 05.05.2025 and on 09.05.2025 the
Petitioner Nos. 1 and 2 joined the investigation, however, were taken into
judicial custody on the same day. In view of the timing of the settlement and
the stage of investigation, no purpose would be served to keep Petitioner
Nos. 1 and 2 in judicial custody, especially when the terms of the settlement
with respect to payment have already been fully complied with and
Petitioner Nos. 1 and 2 have agreed to be bound by the terms of the
settlement agreement.
22. This Court has considered the objections of the learned APP and also
the observations of learned ASJ in the orders rejecting the bail applications
filed by Petitioner Nos. 1 and 2, however, in view of the law laid down by
the Supreme Court in the cases where the parties have entered into a
settlement for criminal proceeding arising out of the commercial
transactions, an interim bail is required to be granted to the Petitioner Nos. 1
and 2, during the pendency of the Quashing Petition.
23. Having considered the facts and circumstances of the case, the present
applications are allowed and Petitioner Nos. 1 and 2 are released on interim
bail during the pendency of the Quashing Petition on the following
conditions:
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a) Petitioner Nos. 1 and 2 shall furnish a personal bond for
a sum of Rs. 2,00,000/- each with two sureties of the like
amount subject to the satisfaction of the concerned SHO;
b) Petitioner Nos. 1 and 2 shall surrender their Passports to
the concerned SHO;
c) Petitioner Nos. 1 and 2 shall not leave India without the
permission of this Court;
d) Petitioner Nos. 1 and 2 shall not directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case or tamper with the
evidence of the case in any manner whatsoever;
e) Petitioner Nos. 1 and 2 shall provide the address where
they would be residing after their release and shall not change
the address without informing the concerned IO / SHO; and
f) Petitioner Nos. 1 and 2 shall give their mobile numbers
to the concerned IO / SHO and shall keep their mobile phone
switched on at all times.
24. In the event of there being any violation of stipulated conditions, it
would be open to Respondent No. 1 State to seek redressal by filing an
application seeking cancellation of the interim bail.
25. There shall also be a stay of further investigation in relation to the FIR
till the final disposal of the Quashing Petition.
26. Accordingly, the present applications are allowed in the aforesaid
terms.
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27. A copy of this order shall be forwarded to the concerned Jail
Superintendent for compliance.
CRL.M.C. 4119/2025
28. List before the Roster Bench on the date already fixed i.e.,
14.07.2025.
TEJAS KARIA, J
(VACATION JUDGE)
JUNE 13, 2025/’KG’
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