Supreme Court – Daily Orders
Abhai Garg vs State Of Nct Of Delhi on 15 July, 2026
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2026
@ SPECIAL LEAVE PETITION (CRIMINAL) NO.13728/2025
ABHAI GARG PETITIONER
VERSUS
STATE OF NCT OF DELHI & ANR. RESPONDENTS
O R D E R
1. Heard.
2. Leave granted.
3. An FIR came to be registered against the appellant at the
behest of respondent No.2 herein, who are undisputedly uterine
brother and sister.
4. It is the case of the complainant that after the death of
their father, appellant had dishonestly dealt with the deceased’s
bank account and demat assets, causing impersonation and
fraudulently liquidating shares and withdrawing money, despite the
complainant’s competing claim over the estate of the deceased
father. Hence, alleging that appellant had cheated the complainant
Signature Not Verified
Digitally signed by
by misappropriating the assets of the deceased by using forged
NEHA GUPTA
Date: 2026.07.17
18:39:29 IST
Reason:
documents, she sought for action being taken, based on which, FIR
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No.92/2020 came to be registered for the offence punishable under
Sections 419, 420 and 201 of the Indian Penal Code, 1860.
5. The appellant having approached the High Court for quashing
the proceedings on the grounds that the dispute is essentially
civil in nature, did not find favor, or in other words, the
petition came to be dismissed. Hence, the present appeal.
6. This Court having noticed that the relationship between the
parties is brother and sister, by order dated 21.11.2025 referred
the matter to the Supreme Court Mediation Centre. By the
intervention of the mediator and wisdom having dawned on the
parties, resulted in a settlement agreement being entered into
between them, which is appended to the mediation report. The terms
of the settlement as agreed upon are as under:
“9. It has been agreed between the parties that in
lieu of the value of the matured bonds, Second Party
will transfer an amount of Rs. 1,52,17,360/- towards
value of bonds and Rs. 6,14,475/- towards dividend
amount (After deducting Rs. 2,78,657/- towards taxes
paid by the Second Party) (Total Amount of Rs.
1,58,31,835/-) to the First Party within a period of
thirty days from the date of obtaining certified
copies of the Orders of withdrawal of (i) Misc. Case
No. 949/2023, (ii) Criminal Revision No. 432 of 2024,
pending before Addl. District Judge, Gautam Buddh
Nagar and (iii) Complaint Case No. 81524/2024 pending
before ACJM, Gautam Buddh Nagar.
10. It has also been agreed between the parties that
stocks/shares left behind by the deceased father (as
per ANNEXURE A) shall be divided equally (50:50
ratio). Second Party confirms and undertakes that
stocks will be transferred in the Demat Account of
First Party within a period of thirty days from the
date of obtaining certified copies of the Orders of
withdrawal of (i) Misc. Case No. 949/2023, (ii)
Criminal Revision No. 432 of 2024, pending before
Addl. District Judge, Gautam Buddh Nagar and (iii)
Complaint Case No. 81524/2024 pending before ACJM,2
Gautam Buddh Nagar. For the transfer of 50% shares if
any long term capital gain tax arises, then in that
case the liability would be shared equally by both
the parties.
11. It has also been agreed between the parties that
Mutual Funds left behind by the deceased father (as
per ANNEXURE C) shall be divided equally (50:50
ratio). Both the parties undertake to move an
appropriate application to the holding house for
transfer of units in the decided ratio in their
respective accounts within a period of thirty days
from signing of the present agreement.
12. Second Party hereby unconditionally waives,
relinquishes and releases any right, title, interest
or claim she may have in the residential house at C-
4/107, Sector-31, Noida. First Party agrees to
execute relinquishment deed/NOC/ any other necessary
document within a period of 30 days from the date of
obtaining the Succession Certificate from Ld. Gautam
Buddh Nagar Court.
The Parties acknowledge that the Second Party
has never been in possession, control, management, or
enjoyment of the Residential Property and is
executing this Settlement Agreement only to
relinquish any rights, title, or interest that may
vest in her as a legal heir. Accordingly, all
liabilities, dues, charges, expenses, and obligations
relating to the Residential Property, whether known
or unknown, disclosed or undisclosed, contingent or
otherwise, and whether arising before, on, or after
the execution of the transfer documents, shall be the
sole responsibility of the First Party.
Such responsibility shall include, without
limitation, property tax, municipal taxes,
maintenance charges, society dues, electricity and
water dues, sewerage charges, mutation charges,
conversion charges, stamp duty, registration charges,
transfer charges, legal expenses, penalties,
interest, encumbrances, claims, notices, assessments,
litigation costs, and any other dues, fees, levies,
or liabilities imposed by any municipal, local,
revenue, development, governmental, statutory, or
regulatory authority.
The First Party shall indemnify and keep the
Second Party fully indemnified against any claim,
demand, action, proceeding, loss, cost, expense, or
liability arising in relation to the Residential
Property.
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13. Second Party hereby unconditionally waives,
relinquishes and releases any right, title, interest
or claim she may have in the agricultural land
holdings of Late Shri Ajai Kumar at Jaganpur Doaba
(Admeasuring 43 Bighas Approx). Second Party agrees
to execute relinquishment deed/NOC/ any other
necessary document in favour of First Party within a
period of 30 days from the date of obtaining the
Succession Certificate from Ld. Gautam Buddh Nagar
Court.
14. The Parties acknowledge that the Second Party
has never been in possession, control, management, or
enjoyment of the Agricultural Land and is executing
this Settlement Agreement only to relinquish any
rights, title, or interest that may vest in her as a
legal heir. Accordingly, all liabilities, dues,
charges, expenses, and obligations relating to the
Agricultural Land, whether known or unknown,
disclosed or undisclosed, contingent or otherwise,
and whether arising before, on, or after the
execution of the transfer documents, shall be the
sole responsibility of the First Party.
15. Such responsibility shall include, without
limitation, land revenue, agricultural dues, taxes,
mutation charges, partition expenses, acquisition-
related proceedings, compensation disputes, stamp
duty, registration charges, transfer charges, legal
expenses, penalties, interest, encumbrances, claims,
notices, assessments, litigation costs, and any other
dues, fees, levies, or liabilities imposed by any
local, revenue, governmental, statutory, or
regulatory authority.
The First Party shall indemnify and keep the
Second Party fully indemnified against any claim,
demand, action, proceedings, loss, cost, expense, or
liability arising in relation to the Agricultural
Land.
16. Any movable or immovable asset of the Deceased
discovered after the date of this Agreement shall be
divided in the 50:50 ratio. The Parties undertake to
disclose any such discoveries promptly and cooperate
in their division.
Both parties agree that dormant bank accounts
and lockers of the deceased will be accessed together
after completing the required bank paperwork. Bank
balance, jewellery or any other valuable will be
equally divided amongst the First Party and the
Second Party.
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17. Second Party undertakes to move an appropriate
application for withdrawing (i) Civil Suit No. CS
DJ/1012/2022 titled as Neha Garg Vs. Abhai Garg
pending before the District Judge, Saket Courts, New
Delhi and (ii) Civil Suit No. 773/2024 titled as Neha
Garg Vs. Abhai Garg pending before the Civil Judge
(Senior Division), Gautam Buddh Nagar upon reopening
of Courts in first week of July, 2026.
18. First Party undertakes to move an appropriate
application for withdrawing (i) Succession Petition
No. 34/2017 titled as Abhai Garg Vs. Neha Garg
pending before the Civil Judge (Senior Division),
Gautam Buddh Nagar and (ii) Civil Suit No. 377/2017
titled as Abhai Garg Vs. Neha Garg pending before the
Civil Judge (Senior Division), Gautam Buddh Nagar
before the respective Courts upon reopening of Gautam
Buddh Nagar Courts in first week of July, 2026.
19. First Party will pay an amount of Rs. 82,250/-
to the Second Party towards the shares sold by the
First Party the year 2017.
If the division of any shares results in a
fractional entitlement, the additional share arising
from such fraction shall remain with the Second
Party. The value attributable to the First Party’s
fractional entitlement in such additional share,
being 50% of the closing market value of the relevant
share on the date of transfer, shall be calculated
and adjusted against the amount of Rs. 82,250/-
payable by the First Party to the Second Party under
Clause 17. After such adjustment, the First Party
shall pay the remaining balance amount to the Second
Party within one week from the date of transfer of
the securities.
20. In view of the terms of this settlement-
agreement, both the parties herein undertake to
withdraw all the pending cases against each other
before any court of law or any other forum and would
take all necessary steps for the same. First Party
will fully cooperate Second Party in getting the FIR
No. 16/2023 under Sections 420/467/468/471/120B IPC
at PS Sector-20, Noida quashed.
21. In the event the parties are unable to complete
any obligation within the said period due to reasons
beyond their control, including regulatory, banking,
depository, revenue, court or statutory delays, the
timeline shall stand extended by mutual consent of
both the parties.
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22. Provided further that where any obligation
requires any approval, permission, succession-related
process, banking process, depository process,
statutory compliance or action by any third party
authority, institution or agency, the period for
performance of such obligation shall commence only
upon completion of such requirement and shall stand
extended for such period as may be reasonably
necessary for compliance.
23. No Party shall be treated as being in breach of
this Settlement Agreement on account of any delay
arising from court processes, regulatory
requirements, banking formalities, depository
procedures, statutory compliances or any matter
beyond the reasonable control of such Party.
24. That the parties have settled all their disputes
against each other without any threat, pressure,
coercion, duress, influence, force and/or collusion
in any manner whatsoever and have executed this
Settlement Agreement of their own free will, consent
and accord in a legal and lawful manner.
25. The parties hereto state that they shall have no
further claims or demands against each other and all
the disputes and differences have been amicably
settled by the Parties hereto through the process of
Mediation.
26. The parties expressly agree that this
arrangement does not constitute a sale, transfer, or
conveyance of any asset. It is merely a settlement of
pre existing rights among family members. The parties
also acknowledge that this family arrangement is a
non taxable event, being a distribution of the Estate
among legal heirs, and does not give rise to any
capital gains or income under the Income Tax Act,
1961.
27. The Parties hereby agree that this Settlement
Deed is absolute, final, and permanent. It shall be
fully binding not only upon Party A and B personally,
but also upon their respective spouses, children,
grandchildren, legal heirs, executors,
administrators, assigns, and any future successors-
in-interest (hereinafter collectively referred to as
“the Future Heirs”). Neither Party nor their Future
Heirs shall be entitled to revoke, challenge, or
alter this arrangement at any time in the future.”
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7. Both parties are present, namely, the appellant is physically
present and respondent No.2 is has appeared virtually. Both the
parties admit the execution of the agreement, and they have stated
that they have voluntarily entered into the said agreement without
any force, threat, or coercion, and only after having understood
the contents thereof, they have affixed their signatures
voluntarily.
8. The learned advocates who are present before the Court, in
token of having identified the parties, also have affixed their
signatures to the settlement agreement.
9. In the light of the aforesaid settlement having been arrived
at between the parties, and the same being voluntary, we see no
impediment to accept the same and accordingly, it stands accepted.
10. In view of the parties themselves having agreed for all the
disputes being resolved and continuation of the pending proceedings
would not serve any fruitful purpose. Hence, we deem it proper to
quash and/or hold that all proceedings, both civil and criminal,
pending before various Courts shall stand consigned to records as
agreed to under the agreement. Accordingly, this petition stands
disposed of with no order as to costs.
11. The parties as well as the learned advocates appearing for the
parties would fairly submit that FIR No.92/2020, which has been
referred to in paragraph No.2(i) of the settlement agreement, there
is no specific reference to it in the settlement agreement about
the outcome of the said proceedings. However, they have submitted
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that the said proceedings be quashed in view of the settlement
arrived at. Accordingly, the proceedings pending in FIR No.92/2020
registered by P.S.: Connaught Place, Delhi, also stands quashed.
Both parties are directed to take steps as agreed to under the
settlement agreement by filing necessary memos before the
jurisdictional Court, bringing it to the notice of the respective
Courts about the settlement arrived at, as recorded by this Court,
to enable the respective Courts to dispose of / consign the records
for statistical purposes.
12. Pending application(s), if any, shall stand disposed of.
……………..J.
(ARAVIND KUMAR)
……………..J.
(VIPUL M. PANCHOLI)
NEW DELHI;
JULY 15, 2026.
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ITEM NO.24 COURT NO.12 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).13728/2025
[Arising out of impugned final judgment and order dated 08-08-2025
in CRMC No.1233/2025 passed by the High Court of Delhi at New
Delhi]
ABHAI GARG Petitioner(s)
VERSUS
STATE OF NCT OF DELHI & ANR. Respondent(s)
[MEDIATION REPORT RECEIVED]
IA No. 221321/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
Date : 15-07-2026 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE ARAVIND KUMAR
HON’BLE MR. JUSTICE VIPUL M. PANCHOLI
For Petitioner(s) : Ms. Khushbu Sahu, AOR
Mr. Piyush Sanghi, Adv.
Mr. Nikhil Singh, Adv.
Mr. Ashish Mishra, Adv.
Mr. Raahithya Raj Mishra, Adv.
Mr. Naman Jain, Adv.
Ms. Sana Parveen, Adv.
Mr. Jayant Yadav, Adv.
Ms. Sharmishta Solanki, Adv.
Mr. Aditya Singh Raghuvanshi, Adv.
For Respondent(s) : Ms. Aishwarya Bhati, A.S.G.
Ms. Alka Agarwal, Adv.
Mr. Mukesh Kumar Maroria, AOR
Mr. S. N. Terdal, AOR
Ms. Chitrangda Rasthravara, Adv.
Ms. Shivika Mehra, Adv.
Mr. Annam Venkatesh, Adv.
Ms. Sansriti Pathak, Adv.
Ms. Uditie Aggarwal, Adv.
Mr. Mohd Saquib Siddiqui, Adv.
Mrs. Jyoti Sharma, Adv.
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Ms. Priyanka Singh, AOR
Ms. Shristi Kasana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Criminal Appeal is disposed of in terms of the signed order
placed on the file.
Pending application(s), if any, shall stand disposed of.
(NEHA GUPTA) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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