Vineet Kumar Gupta & ORS. v. State NCT Of Delhi And ANR

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3810/2025 VINEET KUMAR GUPTA & ORS.

.....Petitioners Through:

Petitioners with their counsel Mr.

Hemdeep Moran and Mr. R.B.

Sisodia, Advs.

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

Mr. Rajkumar, APP for the State along with SI Avinash Kumar.

R-2 with his counsel (through VC) Mr. Vinod Kumar Pandey, Adv.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.08.2025 CRL.M.A. 16697/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3810/2025 3.

By way of present petition, the petitioners seek quashing of FIR bearing no. 0118/2023, registered at Police Station Anand Vihar, Delhi for the offences punishable under Sections 406/420/120-B/34 of the Indian Penal Code, 1860 (hereafter 'IPC').

4.

The petitioners and respondent no. 2 (through video conferencing) are present before this Court. They have been identified by their counsels and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned Investigating Officer (IO) from Police Station Anand Vihar, Delhi.

5.

Issue notice. The learned APP accepts notice on behalf of the State and states that it is not a multi victim case and the parties have amicably settled the present matter.

6.

Briefly stated, facts of the present case are that in the year 2010, respondent no. 2 had booked one flat D-802 of 1375 sq. ft. Later on, the said project was held due to Farmers Compensation case at the Hon'ble Supreme Court and after the decision, the project was again started. In the year 2016, the flat was ready and respondent no.2 had asked the petitioners to delivery it in proper condition as the flat was having some defect. Further, in the year 2018, respondent no.2 had paid full amount on 21.03.2018 but since still there were some defects in the said flat, respondent no.2 could not take possession. Thereafter, in the year 2022, respondent no. 2 was subjected to pay holding charges/delay possession charges by the petitioners Subsequently, respondent no. 2 had lodged the present FIR against the petitioner on 20.04.2023 under the relevant sections. 7.

It is stated that both the parties have amicably settled the present matter vide Settlement Deed dated 17.02.2024, entered between them and the possession of the aforesaid flat was handed over to respondent no. 2. 8.

On a query made by this Court, respondent no.2 who has been identified by the concerned IO, 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 respondent no. 2 that the entire dispute has been amicably settled between the parties. Respondent no. 2 further states that he has 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.

9.

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. 10.

Accordingly, FIR bearing No. 0118/2023, registered at Police Station Anand Vihar, Delhi for the offences punishable under Sections 406/420/120-B/34 of IPC and all consequential proceedings emanating therefrom are quashed, subject to cost of Rs.10,000/- to be deposited by each of the petitioners, with Advocates Welfare Fund, Karkardooma Courts, Delhi within seven days from date.

11.

In view of the above, the present petition stands disposed of. 12.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 04, 2025/A The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.