Need legal advice: quashing of fir after complainant's death – settlement already recorded in lc
Need Legal Advice: Quashing of FIR After Complainant's Death – Settlement Already Recorded Before Trial Court (Delhi)
Hi Everyone,
I am looking for legal advice regarding an old criminal case registered in Delhi in 2008 under Sections 419, 420, 468 and 120B IPC, relating to the alleged use of someone else's credit card.
Background and Timeline:
1. The chargesheet was filed, and the matter proceeded before the trial court. The complainant's examination-in-chief was completed, but cross-examination was still pending.
2. During the proceedings, the matter was amicably settled with the complainant in 2024 for a total amount of ₹1 lakh.
3. Out of the agreed amount, ₹50,000 was paid before the trial court. The remaining ₹50,000 was agreed to be paid after the FIR was quashed by the High Court.
4. A quashing petition was filed before the High Court in 2024. However, objections were raised due to a mismatch in the police station details mentioned in the chargesheet. As per the clarification subsequently received from the police station in September 2026, this mismatch was merely a typographical error.
5. In October 2026, it came to our knowledge that the complainant had unfortunately passed away in 2025.
6. The complainant's statement regarding the settlement had already been recorded before the trial court, and ₹50,000 had also been paid as part of the settlement.
My Questions:
1. Can the High Court still quash the FIR under Section 482 CrPC (or the corresponding applicable provision), considering that the settlement was reached during the complainant's lifetime and his statement was already recorded before the trial court?
2. Does the complainant's death create any legal difficulty in pursuing the quashing petition, particularly when the settlement was already recorded in court?
3. Can the legal heirs of the deceased complainant provide an affidavit or no-objection certificate confirming the settlement, if required by the High Court?
4. Since the original quashing petition was filed in 2024 but could not proceed due to a technical objection, should we seek restoration/revival of the earlier petition or file a fresh quashing petition with the police clarification?
5. What would be the appropriate legal approach to get the FIR quashed, considering the settlement, partial payment and the complainant's recorded statement?
I would particularly appreciate insights from lawyers practising before the Delhi High Court who have handled similar cases involving settlement-based quashing after the death of the complainant.
Thank you in advance for your guidance.