Harish Chander And ANR v. The State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 17.07.2025 ,,,,,,,,,, + CRL.M.C. 4698/2025 & CRL.M.A. 20378/2025 HARISH CHANDER AND ANR. .....Petitioners Through:

Mr. Vikrant Choudhary and Ms.

Smita Mishra, Advocates.

Petitioners in person.

versus THE STATE OF NCT OF DELHI & ANR. ... Respondents Through:

Mr. Hitesh Vali, APP.

Mr. Gaurav Sharma, Advocate for R-2.

Respondent No. 2 in person.

CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT(ORAL) RAVINDER DUDEJA, J.

1.

This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties. 2.

In June 2013, Respondent No. 2 purchased a flat bearing no. C-24Z, Jahangir Puri from Petitioners upon payment of ₹5 lakh upfront and ₹7.75 lakhs later, allegedly based on fake ownership CRL.M.C. 4698/2025 Page 1 of 4

documents prepared by petitioners. It is further submitted that despite repeated assurances, the flat registration was never completed and upon attempting to sell the flat years later, Respondent No. 2 discovered via RTI and official inquiries that the flat was never allotted to anyone and the documents were forged. Thereafter, Respondents No. 2 filed FIR No. 757/2015, dated 01.09.2015, at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC. Chargesheet was filed against the Petitioners under 420/468/471/120B/34 IPC on 26.04.2018.

3.

During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/ Settlement Agreement dated 17.05.2025. The copy of Memorandum of Understanding/ Settlement Agreement dated 17.05.2025 has been placed on record as Annexure E.

4.

Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer from PS Mahendra Park.

5.

Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 757/2015 is quashed against the Petitioners.

CRL.M.C. 4698/2025 Page 2 of 4

6.

In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 757/2015 is quashed.

7.

In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:- "61. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceedings."

8.

In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all the other consequential proceeding emanating therefrom.

9.

In the interest of justice, the petition is allowed, and the FIR No. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed. CRL.M.C. 4698/2025 Page 3 of 4

10.

Petition is allowed and disposed of accordingly. 11.

Pending application(s), if any, also stand disposed of. RAVINDER DUDEJA, J JULY 17, 2025/SK CRL.M.C. 4698/2025 Page 4 of 4