Sachin Chopra & ANR. v. State Of Delhi & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3371/2023 SACHIN CHOPRA & ANR.

..... Petitioners Through:

Mr. Pawan & Mr. Vipul Sharma, Advocates.

versus STATE OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjeev Bhandari, ASC for the State with ASI Om Prakash, P.S.:

Roop Nagar.

Mr. Arun Sharma & Mr. Mairajuddin, Advocates for R-2 with R-2 inperson.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.01.2024 1.

The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been instituted on behalf of the petitioner seeking quashing of FIR bearing no. 726/2021, registered at Police Station Bharat Nagar, for offences punishable under Sections 509/34 of the Indian Penal Code, 1860 ('IPC').

2.

Issue notice. Mr. Sanjeev Bhandari, learned ASC accepts notice on behalf of the State.

3.

Petitioners are present before this Court and have been identified by his counsel Mr. Pawan and Investigating Officer (IO) ASI Om Prakash, Police Station Roop Nagar.

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 present case are that on 22.04.2019, an agreement to sell was executed between the husband of respondent no. 2 and Mr. Alok Nanda, which got executed through the petitioner, on the basis of which the husband of respondent no. 2 invested a sum of Rs. 31,00,000 into the said property. In March 2021, some disputes had arisen between the parties regarding refund of money. On 16.03.2021, the FIR No. 113/2021 was registered against the petitioner and Mr. Alok Nanda. On 12.12.2021, the present FIR got registered against the petitioners at Police Station Bharat Nagar on the basis of complaint of respondent no. 2. On 02.11.2023, the parties had decided to settle the matter vide Memorandum of Understanding dated 02.11.2023. Hence, the present petition was instituted. 5.

A Demand Draft for the remaining amount was handed over to the complainant, however a copy of the same has not been provided in the Court.

6.

The complainant is present and states that she has amicably resolved her differences of her own free will, volition and without any coercion, pressure or threat. In my opinion, no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing FIR in question. 7.

Consequently, FIR bearing no. 726/2021, registered at Police Station Bharat Nagar, for offences punishable under Sections 509/34 of the IPC registered at Police Station Bharat Nagar and proceedings pursuant thereto are hereby quashed, subject to the petitioner depositing the cost of Rs. 20,000/- with the Delhi High Court Lawyers' Welfare Fund within a week and the receipt thereof will be filed in proof thereof. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

In case the said Demand Draft, which is handed-over to the complainant today, is not encashed, the petitioners will transfer the amount through RTGS to respondent no. 2, or otherwise the present order will be recalled.

9.

Accordingly, the petition stands disposed of. 10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 30, 2024/at 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.