Nageshwar Builders Pvt Ltd & ORS. v. State Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1480/2024, CRL.M.A. 5818/2024 NAGESHWAR BUILDERS PVT LTD & ORS.

.....Petitioners Through:

Mr.

Viraj R Dabar, Mr.

Manish Bardwan and Mr.

Ankit Sharma, Advocates versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Ms. Richa Dhawan, APP for the State with SI VIkram and SI Pritosh Rathee EOW

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 08.08.2024 1.

The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioners seeking quashing of FIR bearing No. 177/2018, registered at Police Station EOW, Delhi, for offences punishable under Sections 409/420/468/471/120B IPC and consequential proceedings emanating therefrom. 2.

Issue notice. Learned APP accepts notice on behalf of the State. 3.

A request for quashing of the FIR has been made on account of the Settlement dated 10.10.2018 inter se the parties. It is submitted in the Petition that after the investigations, the Charge Sheet had been filed on 15.12.2021 under Sections 406/420 and 120B.It has been recorded that the Parties have entered into a Settlement and seek quashing. In view of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:10:29

settlement, the present petition has been filed. 4.

The parties are present through VC, and have been identified by their counsel and Investigating Officer concerned.

5.

Today, the complainants state that they have no objection if the FIR is quashed. The parties endorse the Settlement and state that they shall remain bound by it.

6.

The dispute was in respect of a sum of Rs. 11 crores which had been paid to the petitioner in terms of the Agreement to Sell. However, the matter has now been settled and the money has been returned to the complainants. 7.

In view of the above facts, whereby the parties have amicably resolved their differences out of their own free will and without any coercion , it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question.

8.

Accordingly FIR bearing No. 177/2018, registered at Police Station EOW, Delhi, for offences punishable under Sections 409/420/468/471/120B IPC and consequential proceedings emanating therefrom, are quashed. 9.

The petition stands disposed of along with the pending Applications. NEENA BANSAL KRISHNA, J AUGUST 8, 2024/PT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2024 at 12:10:29