Housing Development Finance Coporation v. State NCT Of Delhi & ORS.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3411/2022 & CRL.M.A. 14310/2022 HDFC BANK LIMITED .....Petitioner Through:

Ms. Anusha Ramesh and Mr. Raghav Bhargava, Advocates.

versus STATE NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC (Crl) for State along with Mr. Kshitiz Gard, Mr.

Ashvini Kumar, Mr. Chavi Lazarus, Mr. Nitish Dhawan and Mr. Sanskriti Nimbekar, Advocate and IO AK Singh, PS EOW.

Mr. Manu Mishra and Ms. Garima Saxena, Advocate for R-3 & 4.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 29.07.2025 1.

By way of present petition, the petitioner-Bank is seeking quashing of FIR bearing no. 84/2022, dated 06.06.2022, registered at Police Station, EOW, New Delhi, for the commission of offences punishable under Section 420/120B of Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings arising therefrom.

2.

Brief facts of the case are that the complainants, Mrs. Saroj Singh and Mr. Davinder Pal Singh, had availed a housing loan of ₹1,50,00,000/- from HDFC Ltd. in the year 2009 at a floating rate of interest to be repaid in 180 monthly installments over a tenure of 15 years. It is alleged that various The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

assurances were made to the complainants at the time of availing the loan, including that the interest rate would be variable and any changes therein would be duly communicated and automatically applied to their loan account. It is stated in the complaint that over a period of time, while upward revisions in the interest rate were applied, the benefits of downward revisions were not extended to the complainants. The complainants further claim that they were not informed of the changes in the rate of interest, and that the tenure of the loan was extended without prior intimation. It is further alleged that despite repayment of more than 95% of the principal amount, the loan account continued to reflect a substantial outstanding amount.

The complainants also state that they were required to pay a conversion fee on multiple occasions to avail a lower interest rate. Based on the contents of the complaint, the present FIR came to be registered for offence under Sections 420/120B of the IPC, alleging cheating, forgery, and criminal conspiracy against officials of HDFC Bank Ltd. The complainants had also approached the National Consumer Disputes Redressal Commission in relation to the same transaction, and the said proceedings are stated to be pending. 3.

Though the present petition was filed in the year 2022 seeking quashing of the FIR on merits, this Court is informed today that the matter has been amicably settled between the parties. 4.

On a query made by this Court, respondent nos 3 and 4, who have been identified by the concerned IO and their counsel, have categorically stated that they have entered into compromise out of their own free will and without any pressure, coercion or threat. It is also stated by them that the entire dispute has been amicably settled between the parties and have no objection if the present FIR is quashed.

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

5.

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. 6.

Accordingly, FIR bearing no. 84/2022 dated 06.06.2022, registered at Police Station, EOW, New Delhi, for the commission of offences punishable under Section 420/120B of IPC and all consequential proceedings emanating therefrom are quashed.

7.

In view of the above, the present petition stands disposed of. The pending application, if any, also stands disposed of. 8.

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