M/S Rakshvir Apartments Pvt Ltdthrough Its Authorized Representative & ORS. v. State Of NCT Of Delhi & ANR.

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5667/2025 M/S RAKSHVIR APARTMENTS PVT LTDTHROUGH ITS AUTHORIZED REPRESENTATIVE & ORS.

.....Petitioners Through:

Mr. Arpit, Advocate with Mr. Ankit Siwach, Advocates along with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Manoj Pant, APP for State Mr. Shams Tabrez and Mr. Emadul Hoda Shams, Advocates for R-2 and R-2 in person.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 18.08.2025 CRL.M.A. 24253/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 5667/2025 3.

By way of the present petition, the petitioners are seeking quashing of the FIR bearing no. 0150/2025, registered at Police Station Greater Kailash1, New Delhi, for the commissions of offences punishable under Sections 420/406/34 of Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings emanating therefrom. 4.

Issue notice. The learned APP accepts notice on behalf of the State. 5.

All the petitioners and respondent no. 2 are present before this Court The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

and have been identified by their counsel and Investigating Officer (IO) concerned and the petitioner no. 2 who is present before this Court is the Authorized Representative of the petitioner no. 1. 6.

Brief facts of the case are that the respondent no.2 had expressed her interest of the petitioner in taking on lease the property bearing no. W-111A, Greater Kailash 1, New Delhi - 110048 for her personal use and occupation. Pursuant to the discussions facilitated through a broker, the parties entered into a duly negotiated lease agreement dated 10.10.2024, effective from 15.01.2025, for a period of five (5) years with a lock-in period of three (3) years. An interest free security deposit of INR 9,00,000/- was paid by respondent no.2 to the petitioner company. The said lease agreement as duly registered with the Sub-registrar, Hauz Khas, New Delhi. The petitioners as alleged represented that they were absolute owners and in possession of the property, and respondent no.2 agreed to the terms. accordingly.

Possession of the said premises was handed over in accordance with the lease agreement. That after taking possession of the premises, as Respondent No.2 undertook extensive renovation works at the premises and engaged professionals including designers and contractors to carry out the same and incurred huge expenditure. Subsequently, the father and attorney holder of respondent no.2 was approached by one Mr. Keshav Kumar, who informed him that the said property was subject matter of pending civil litigation before the Learned Saket District Court numbered as CS (DJ) No. 7416/2016. Thereafter the Respondent No.2 filed a criminal complaint before the police authority at Police Station - Greater Kailash 1. Thereafter, Respondent No.

2 also filed a complaint under Section 156 Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') read with Section 200 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CrPC before the concerned Magistrate at Saket District Court. Subsequently to the proceedings, the present FIR got registered against the petitioners. It is stated that with intervention of the family and friends, the parties have now amicably settled their dispute vide Settlement Deed dated 26.05.2025. 7.

On a query made by this Court, respondent no. 2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. Therefore, she has no objection if the FIR is quashed. 8.

In view of the above, that the parties have amicably resolved their differences of their own free will, and without any coercion, 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. 9.

Accordingly, FIR bearing no. 0150/2025, registered at Police Station Greater Kailash-1, New Delhi, for the commissions of offences punishable under Sections 420/406/34 of IPC and all consequential proceedings emanating therefrom are quashed subject to petitioners depositing a sum of Rs. 20,000/- with the Delhi High Court Bar Association Advocates' Welfare Fund and the compliance report of the same be deposited with the Registry of this Court within a period of 07 days..

10.

The petition stands disposed of.

11.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J AUGUST 18, 2025/vc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.