Case Details:
Case Name: Achal Rana v Govt of NCT of Delhi & Anr
Case No.: W.P. (Crl.) 685/2023
Bench: Hon’ble Swarana Kanta Sharma, J.
The Delhi High Court refuses to quash FIR against the petitioner where the petitioner alleged to have duped a lawyer through transaction through mobile payment gateway.
The petitioner have allegedly defrauded the complainant of Rs. 50,000/- in three installments from his savings bank account linked with a popular mobile payment gateway.
The petitioner returned the money of the complainant after lodging of the FIR dated 29.08.2022 and the parties have entered into a compromise to settle the dispute on 30.01.2023. The petitioner has sought quashing of FIR on the basis of settlement arrived at between him and the complainant, it shall be apposite to consider the relevant judicial precedents in this regard.
The Counsel for the State have opposed to quashing of the FIR as the charge-sheet has not been filed and the investigation is still going on and it has been found that the petitioner’s account has been credited with Rs. 28.17 Crore and the IO has been trying to ascertain whether there have been any other victims of this fraud/scam.
The Hon’ble Court observed that the accused, in the present case, has sought the quashing of criminal proceedings, primarily asserting that an amicable settlement has been reached with the complainant. While the principles of quashing of criminal proceedings on the basis of settlement are well-settled through catena of judgments of Hon’ble Apex Court, it is equally important to scrutinize the nature and gravity of the alleged offences well as the wider implications it may have.
The Court also observed that upon careful examination of the material placed on record, it becomes evident that this case extends beyond the realm of a mere private dispute arising out of any commercial transaction or simple misdemeanor.
The Court commented that in today’s digital era, cyber-crimes are proliferating at an alarming rate, leaving a trail of victims in their wake. Neither are cyber-criminals bound by restrictions of borders due to their global reach, nor do they discriminate among their victims, thereby targeting the elderly, the young, the businesses as well as the governments in the digital landscape. The consequences of cyber-crimes go beyond individual boundaries, impacting numerous unsuspecting victims. As brought to the knowledge of this Court during the course of arguments, the investigation so far has revealed that huge amount of money, totaling Rs. 28.17 crores has been credited to the bank account of present petitioner and it is to be investigated whether this amount also has been obtained through such illegal and fraudulent means and whether there are other victims of such cyber-fraud. The gravity of such allegations cannot be undermined, as they not only jeopardize the financial security and trust of individuals on financial payment gateways/platforms, but also potentially expose the broader public to similar threats.
Hence the Court stated that no grounds exist for quashing of present FIR even on merits.
Read the order/judgment here : Cyber crime a menace knows no boundaries -Delhi High Court refuses to quash FIR
