Sheesh Ram Ranwa And ORS v. The State Government Of NCT Of Delhi And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2603/2024 SHEESH RAM RANWA AND ORS ..... Petitioners Through:

Mr. Rishi Kapoor, Mr.

Azad Bansala and Mr.

Sourav Ronsa, Advs.

P-1 and 2 in person.

versus THE STATE GOVERNMENT OF NCT OF DELHI AND ANR ..... Respondents Through:

Mr. Mukesh Kumar, APP for the State with Ms.

Akshita Tyagi, Adv. with Insp. Kamal Kohli and SI Naresh, PS EOW.

Mr. Udit Gupta, Adv. for complainant / R-2.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 02.04.2024 1.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 1005/2014 dated 08.09.2014, under Sections 420/34 of the Indian Penal Code, 1860 (IPC), registered at Police Station Rajouri Garden. The FIR was registered on a complaint given by Respondent No. 2.

2.

It is averred that the petitioners and Respondent No.2 had entered into an agreement for sale / purchase of farm houses. The petitioners had sold three farm houses to Respondent No.2. In terms of the agreement the Respondent No.2 had booked three The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

farm houses at Sukhija Vihar House Yojna by paying ₹38,20,614/- via Demand Draft.

3.

The present FIR was registered on a complainant made by Respondent No.2 alleging cheating, forgery and duping the Respondent No.2 for a sum of ₹ 2,10,00,000/-, out of which ₹38,20,614/- was paid via DD and ₹1,72,00,000/- (approximately) was paid in cash.

4.

The present petition has been filed on the ground that with the intervention of common friends and other respectable members of the society, the matter has been settled between the parties and the parties have entered into a Memorandum of Understanding dated 01.03.2024.

5.

In terms of the settlement dated 01.03.2024, out of the total settlement amount of ₹36,00,000/-, ₹15,00,000/- already stands paid to Respondent No. 2 and the balance amount of ₹21,00,000/- has been handed over to Respondent No. 2 today by way of two demand drafts. The details of the demand drafts are as under:

S.No. Demand Amount of Demand Draft (₹) Demand Draft No.

Date of the Demand Draft Drawn on Draft Payee 1.

Ritu Banga 10,50,000/- 900674 27.03.2024 Punjab National Bank 2.

Kiran Banga 10,50,000/- 900675 27.03.2024 Punjab National Bank 6.

Petitioner No. 1 and 2 and Respondent No. 2 are present in person and have been duly identified by the Investigating Officer. Petitioner No. 2 represents Petitioner No. 3 and 4 as Petitioner No. 2 is a partner in Petitioner No. 3 and is a Director in Petitioner No. 4.

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

7.

On being asked, Respondent No. 2 states that he has no objection if the proceedings arising out of the present FIR are quashed.

8.

Offence under Section 420 of the IPC is compoundable in nature. Therefore, no purpose would be served by relegating the parties to the learned Trial Court for filing an application to compound the offence.

9.

However, keeping in mind the fact that the State machinery has been put to motion, ends of justice would be served if the parties are put to cost.

10.

In view of the above, FIR No. 1005/2014 and all consequential proceedings arising therefrom are quashed, subject to payment of a total cost of ₹50,000/-, out of which ₹25,000/- is to be deposited in the Delhi Police Welfare Fund and ₹25,000/- is to be deposited with the Delhi High Court Bar Association. 11.

Let the proof of deposit be submitted with the concerned SHO.

12.

The petition is allowed in aforementioned terms. AMIT MAHAJAN, J APRIL 2, 2024 'KDK'

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