M/S Realtech Infrastructure Limited Through Authorised Representative v. The State Of ( NCT) Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1111/2015 M/S REALTECH INFRASTRUCTURE LIMITED THROUGH AUTHORISED REPRESENTATIVE ..... Petitioner Through:

Mr. Saurabh Dev and Mr. Karan Singh, Advs.

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

Mr.

Saleem Ahmed, Standing Counsel with Mr. Ajay Pratap Singh, Adv. along with SI Shivdev, P.S.

Defence Colony.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.05.2015 Crl. M.A. Nos. 7938-39/2015 Allowed, subject to all just exceptions.

Applications are disposed of.

Crl. W.P. 1111/2015 Petitioner is a real estate developer. Present FIR No. 22/2013 under Sections 420/406/34 IPC has been registered against the petitioner on the complaint of respondent no.2. Respondent no.2 has alleged in the FIR that on the assurances given by the petitioner, he had invested `90 lacs in one of the projects of petitioner. He further alleged that the said project was not completed in time, inasmuch as, construction work was not done as per his

satisfaction, thus, petitioner had cheated the complainant. Respondent no.2 is present in Court. He is attorney of Ms. Nandita Bajaj who had invested the money in the aforesaid project of petitioner. Respondent no.2 had lodged the FIR on behalf of actual investor.

Now, respondent no.2, through attorney, has settled the matter with the petitioner on the terms and conditions as stipulated in the Memorandum of Settlement dated 17th April, 2015, a photocopy whereof has been placed on record.

Respondent no.2 admits that terms of settlement have been complied with, inasmuch as, entire settled amount has been received by the investor.

Keeping in mind that parties have settled their disputes amicably, in my view, no fruitful purpose would be served in keeping them entangled in present criminal proceedings.

Accordingly, in the interest of justice, FIR No. 22/2013 under Sections 420/406/34 IPC registered at police station Defence Colony and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

MAY 26, 2015/ga