M/S Imperia Structures Pvt Ltd v. State of NCT of Delhi

1. Petitioners herein seek quashing of FIR No. 160/2017 dated 02.06.2017, registered at Police Station Dwarka North, for commission of offences under Sections 420/406 IPC, along with all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties.

2. Charge-sheet has already been filed and cognizance has already been taken by the learned Trial Court vide order dated 14.07.2025.

3. Learned counsel for the petitioner submits that, earlier, there was a settlement agreement between the parties, and since there were some issues, it could not materialise.

4. He, however, submits that, now, the matter has been, again, amicably W.P.(CRL) 3428/2023 2 settled and it is in the abovesaid backdrop that application (CRL.M.A. 16194/2026) seeking early hearing and application (CRL.M.A. 16197/2026) seeking quashing on the basis of fresh amicable settlement between the parties have been filed.

5. Heard.

6. The matter has been taken up today itself and thus, the early hearing application i.e. CRL.M.A. 16194/2026, stands disposed of and the next date stands cancelled.

7. Respondent No.2 is present in person. IO is also present and duly identifies respondent No.2.

8. An affidavit has also been brought by the respondent No.2 in which he has very, categorically, mentioned that he has settled the matter with the petitioner Company and has received a demand draft of Rs. 84,15,000/-, subject to deduction of applicable TDS.

9. When asked, respondent No.2 submits that he has already handed over the original documents of the unit in question to the Authorised Representative of the petitioner and, in view of the abovesaid settlement, and after receiving the abovesaid demand draft, he is left with no claim against the petitioner with respect to the unit in question. He submits that affidavit has been prepared as per the instructions and he acknowledges the recitals appearing therein.

10. Respondent No.2 also submits that he has entered into the abovesaid settlement out of his own free will, without any coercion and influence from any corner whatsoever and, therefore, he would have ‘no objection’ if FIR in question is quashed.

11. The charge-sheet is directed against the petitioner W.P.(CRL) 3428/2023 3 No.2/accused-Harpreet Singh Batra, who has been put in column No. 11, without being arrested. He has joined the proceedings through video conferencing.

12. Present petition has been filed by M/s Imperia Structures Pvt Ltd and Mr. Harpreet Singh Batra but, fact remains, that petitioner No.1-Company is not accused. Copy of charge-sheet has been shown during the course of the proceedings. It is taken on record.

13. In view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose as even otherwise the dispute looks essentially civil in nature, concerning allotment and possession of unit.

14. Accordingly, exercising inherent powers vested in this Court under Section 528 of the BNSS, it is deemed appropriate to quash the instant FIR.

15. Consequently, to secure ends of justice, FIR No. 160/2017 dated 02.06.2017, registered at Police Station Dwarka North, for commission of offences under Sections 420/406 IPC, with all consequential proceedings emanating therefrom, are hereby, quashed subject to petitioner depositing cost of Rs. 25,000/- with Delhi High Court Legal Services Committee (DHCLSC) within four weeks from today. Proof of deposit and original affidavits of the parties be submitted to the learned Trial Court within further two weeks.