# In the matter of Valco Melton India & Ors. vs. The State & Ors.

> HC judgment dated 2024-10-08. Citation: TCN-2024-HC-00022. The present petitions were filed seeking the quashing of FIR No. 233/2016, registered at Police…

- **Court:** HC
- **Order date:** 8 Oct 2024
- **Citation:** TCN-2024-HC-00022
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/valco-melton-india-ors-vs-the-state-ors-d5ad7341

## Summary

### Background

The present petitions were filed seeking the quashing of FIR No. 233/2016, registered at Police Station Amar Colony, for offences under Sections 406/420/120B of the Indian Penal Code, 1860. The complaint was filed by Respondent No. 2 seeking registration of FIR under Section 156(3) of the Code of Criminal Procedure, 1973. The learned MM vide order dated 05.04.2016 allowed the application filed by Respondent No. 2 which led to the registration of the subject FIR. The complainant alleged that they approached Petitioner No. 1 for the purchase of a Hot Melt Adhesive Coating System with PS Printing Press and paid a sum of EUR 30600. It was alleged that Petitioner No. 1 failed to supply the said machine and sent it to ICE Europe for exhibition without the complainant's

…

## Facts

M/S VALCO MELTON INDIA & ORS and PRASHANT GAIKWAD & ANR filed petitions seeking the quashing of FIR No. 233/2016, registered at Police Station Amar Colony, for offences under Sections 406/420/120B of the Indian Penal Code, 1860. The complaint was filed by Respondent No. 2 under Section 156(3) of the Code of Criminal Procedure, 1973, seeking registration of FIR. The complainant alleged that they approached Petitioner No. 1 for the purchase of a Hot Melt Adhesive Coating System with PS Printing Press and paid a sum of EUR 30600. It was alleged that Petitioner No. 1 failed to supply the said machine and sent it to ICE Europe for exhibition without the complainant's consent. The machine was supplied after three months, and an amount was charged for the mounting of

…

## Issues and analysis

### Issue 1: Whether the FIR No. 233/2016 and all consequential proceedings arising therefrom should be quashed …

**Ratio:** The court has the power to quash criminal proceedings, especially in cases of non-heinous

…

**Reasoning:** The court considered that the parties had amicably settled their disputes before the

…

**Interpretation:** The legal principle is that courts can exercise their inherent powers to quash

…

**Application:** In this case, the dispute was essentially commercial in nature, and the parties

…

## Parties

- **Judges:** Amit Ma…
- **Appellants:** M/S VALCO MELTON…
- **Respondents:** THE STATE…
- **Other parties:** Kohi…

## Timeline

- **2016-04-07 — FIR Regis…**: FIR No. 233/2016 registered at Police Station Amar Colony under Sections 406/420/120B of…
- **2016-04-05 — Application…**: Learned MM allowed the application filed by Respondent No. 2 which led to the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/valco-melton-india-ors-vs-the-state-ors-d5ad7341