Vikas Goyal & ORS v. State & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2706/2016 & Crl.M.A.14403/2016 VIKAS GOYAL & ORS ..... Petitioners Through :

Mr.

Rishi Pal Singh, Adv.

with petitioners in person.

versus STATE & ANR ..... Respondents Through :

Mr. R. S. Kundu, ASC for R-1 with SI Deepak Kumar PS Rajouri Garden.

Mr. Vikas Aggarwal, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.09.2016 Present FIR No.684/2016 under Sections 420/467/468/471/506/120-B IPC was registered at police station Rajouri Garden on the complaint of respondent no.2.

Respondent no.2 has alleged in the FIR that she had agreed to sell the first floor of property bearing no. J-7/56, Rajouri Garden to petitioner no.1 on 15th March, 2016 for the sum of `94,00,000/-. Petitioner no.1 paid the earnest money of `10,00,000/- to her. Petitioner no.1 had agreed to pay `10,00,000/- by 30th April, 2016 and remaining amount of `74,00,000/- by 30th June, 2016.

Petitioner no.1 paid `30,00,000/- on 15th April, 2016.

In the meanwhile, at the request of petitioner no.1, she sent

her son Dilip to his property dealer office for training. Petitioner no.1 obtained signatures of Dilip on certain blank vouchers on the pretext that the same pertained to the office expenses. On 30th June, 2016, she waited for petitioner no.1 at the Sub-Registrar Office but he did not arrive with the remaining payment.

On 22nd July, 2016, when she visited the aforesaid property, she met petitioner no.3 who showed certain receipts, according to which `54,00,000/- had been paid to her. All the petitioners connived with each other and fabricated receipts of such payments. Petitioners and respondent no.2 have settled their disputes vide compromise /settlement deed dated 9th September, 2016. Respondent no.2 is present in Court and has been identified by SI Deepak Kumar PS Rajouri Garden.

She submits that she has received the entire settled amount of `91,50,000/- and has even executed the sale deed. She further submits that she is not willing to pursue the present FIR any further. Keeping in mind the above facts, in the interest of justice, the present FIR No.684/2016 under Sections 420/467/468/471/506/120-B IPC registered at police station Rajouri Garden is quashed, subject to, however, petitioner no.1 depositing `50,000/- with the Delhi High Court Bar Association Advocates' Welfare Fund within two weeks and receipts thereof

be produced before the Investigating Officer. Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

SEPTEMBER 16, 2016/dk