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High Court of DelhiW.P.(CRL)/832/2025

Rajesh Kumar Bhardwaj v. State Govt Of NCT Of Delhi & ORS.

2025-05-29Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 832/2025 RAJESH KUMAR BHARDWAJ .....Petitioner Through:

Mr. Ayush Agarwal and Mr. Aman Shekhar, Advocates with petitioner in person.

versus STATE GOVT OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC (Crl) for State with Mr. Anshuman Sharma, Advocate and with SI Ajeet Singh and Mr. Bhagabati Prasad Padhy, Advocate for R-2 to R-4.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.05.2025 1.

By way of present petition, the petitioner is seeking quashing of FIR bearing no. 492/2020, registered at Police Station Delhi Cantt, Delhi for the commission of offences punishable under Sections 415/420/120B of the Indian Penal Code, 1860 (hereafter 'IPC') and all emanating proceedings arising therefrom.

2.

The petitioners and respondents are present before this Court. They have been identified by their counsels and concerned Investigating Officer (IO).

3.

Issue notice. Mr. Rahul Tyagi, ASC (Crl) accepts notice on behalf of State.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Brief facts of the case are that in February, 1996, M/s Narna Construction Pvt. Ltd/respondent no. 4 launched a residential colony project in Hyderabad and invited investment from potential home buyers. Believing the respondent no. 4's representations, the petitioner invested in the project and made regular payments towards the registration of 1 plot in the proposed colony and the petitioner had also invested in two more plots in East City promoted by associate company of the respondent no. 4. The petitioner had made initial payment and all subsequent instalments thereafter. From 2001 onwards, having being paid the required payments, when the petitioner herein started enquiring about the registration of the said plots in his favour, respondent no.

4 through its officers and directors had kept demanding further payments and did not register the said plots in his favour. Being aggrieved by the inaction of respondent no. 4 in registering the plot, the petitioner had approached the Police Station Economic Offences Wing, Crime Branch, Delhi, with a complaint to investigate into the affairs of inter alia respondent nos. 2 to 4. Aggrieved by the lack of investigation, the petitioner again filed an application under Section 156(3) of Cr.P.C before the learned Patiala House Court, Delhi in 2016. In December 2020, the learned Patiala House Court had been pleased to direct the concerned SHO, Police Station Delhi Cantt, to register an FIR and investigate the case, resultantly the present FIR came to be registered. 5.

It is stated that both the parties have amicably settled the present matter vide Memorandum of Compromised dated 05.02.2025, entered between them and their statements to the said effect have been recorded by the learned Joint Registrar (Judicial) on 21.05.2025. 6.

On a query made by this Court, petitioner who has been identified by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the concerned IO and his counsel, has categorically stated that he has entered into compromise out of his own free will and without any pressure, coercion or threat. It is also stated by the petitioner that the entire dispute has been amicably settled between the parties. The petitioner herein further states that he has no objection if the present FIR is quashed. 7.

In view of the above fact that the parties have amicably resolved their differences of their own free will, without any coercion and no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 8.

Accordingly, FIR bearing no. 492/2020, registered at Police Station Delhi Cantt, Delhi for the commission of offences punishable under Sections 415/420/120B of IPC and all consequential proceedings emanating therefrom are quashed.

9.

In view of the above, the present petition along with pending applications, if any, stands disposed of.

10.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 29, 2025/vc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.