Full Text
Translation output
)
$-7
* IN THE HTGH COURT OF' DELHT AT NEW DELHI
CRL.M.C . 276120IT
ABHISHEK & ORS
Through ..... Petitioners
Mr. Sanjeev Kumar, Adv.
VETSUS
STATE & ORS ..... Respondents
Mr. Pawan Bahl, APP for State with
\zlr. Jagdhish Kumar, ACP with
Mr. Satbir Singh, SI, PS Madhu Vihar
Mr. Gurdeep Singh, Adv. for R-2&3.
Through
$-7
* IN THE HTGH COURT OF' DELHT AT NEW DELHI
CRL.M.C . 276120IT
ABHISHEK & ORS
Through ..... Petitioners
Mr. Sanjeev Kumar, Adv.
VETSUS
STATE & ORS ..... Respondents
Mr. Pawan Bahl, APP for State with
\zlr. Jagdhish Kumar, ACP with
Mr. Satbir Singh, SI, PS Madhu Vihar
Mr. Gurdeep Singh, Adv. for R-2&3.
Through
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA oh 18.05.201,1
This is a petition for quashing of FIR No. 276110 under Sections
420/34IPC registered at PS Madhu Vihar, Delhi.
The allegations as set out in the FIR are that X//S. Srishti Anand
Builders and Colonizers in the year 2006 offered residential plots in the township named Green Ctty in Jaipur. Mr. Sachin Gupta, Respondent No.2 and Ms. Sandhya Gupta, Respondent No.3 the wife of Respondent No.2 approached M/S. Srishti Anand Builders and Colonizers for booking a plot.
Later on they came to know that the project was not approved by the Jaipur
CRL.M.C. 276/2011 page I of 3
2011:DHC:14613
Development Authority/ Gqvt. of Rajasthan and thus they stopped the payment of the installment. During the pendency of the present petition, parties have amicably resolved their disputes.
On a notice being issued since no status report was filed by the State, SHO and ACP PS Madhu Vihar were directed to be personally present.
Inspector (Investigation) and ACP are personally present. Status report has been filed by SHO PS Madhu Vihar which states that besides Respondents
No.2 & 3 there are no other victims in the abovementioned FIR. It is stated that they have checked up even from PS Vaishali Nagar, PS Shyam Nagar &
PS Vidhayakpuri Jaipur and it is found out that no other complaint has been lodged against the Petitioners.
The Respondents No. 2 & 3 who are present in person and are identified by their counsel and Investigating Officer states that the rnoney invested by them have been returned back by the Petitioners and they have settled the disputes with thern. They further states that in view of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Learned APP for the State at this stage states that he objects to quashing of the FIR. No such averment has been made in the detailed status
CRL.M. C. 276/2011
This is a petition for quashing of FIR No. 276110 under Sections
420/34IPC registered at PS Madhu Vihar, Delhi.
The allegations as set out in the FIR are that X//S. Srishti Anand
Builders and Colonizers in the year 2006 offered residential plots in the township named Green Ctty in Jaipur. Mr. Sachin Gupta, Respondent No.2 and Ms. Sandhya Gupta, Respondent No.3 the wife of Respondent No.2 approached M/S. Srishti Anand Builders and Colonizers for booking a plot.
Later on they came to know that the project was not approved by the Jaipur
CRL.M.C. 276/2011 page I of 3
2011:DHC:14613
Development Authority/ Gqvt. of Rajasthan and thus they stopped the payment of the installment. During the pendency of the present petition, parties have amicably resolved their disputes.
On a notice being issued since no status report was filed by the State, SHO and ACP PS Madhu Vihar were directed to be personally present.
Inspector (Investigation) and ACP are personally present. Status report has been filed by SHO PS Madhu Vihar which states that besides Respondents
No.2 & 3 there are no other victims in the abovementioned FIR. It is stated that they have checked up even from PS Vaishali Nagar, PS Shyam Nagar &
PS Vidhayakpuri Jaipur and it is found out that no other complaint has been lodged against the Petitioners.
The Respondents No. 2 & 3 who are present in person and are identified by their counsel and Investigating Officer states that the rnoney invested by them have been returned back by the Petitioners and they have settled the disputes with thern. They further states that in view of the settlement between the parties, they do not want to pursue the abovementioned FIR and the proceedings pursuant thereto.
Learned APP for the State at this stage states that he objects to quashing of the FIR. No such averment has been made in the detailed status
CRL.M. C. 276/2011
report filed. Moreover, the parties have amicably resolved their difflerences of their own free will, volition and without any coercion. No useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them. It would be thus in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, an offence under Section 420 is compoundable in nature if the parties have settled the matter. Thus, there is no legal impediment in quashing the above-mentioned FIR.
Consequently, FIR No. 276110 under Sections 420/34 IPC registered at PS Madhu Vihar, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements before this Court.
The petition stands disposed of. q u.HFf,I",r*
,,,,^tffiffiq;tr\02
'gat
W
V MUKTA GUPTA.J
-L i&^, -fr h +u ("-h'-s'
Gbbk\ d"t*ti{s'?L ',vtBz-
0s'/^^at!^i'huv
)e) t1)
276/2011 page 3 of3
Consequently, FIR No. 276110 under Sections 420/34 IPC registered at PS Madhu Vihar, Delhi and proceedings pursuant thereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements before this Court.
The petition stands disposed of. q u.HFf,I",r*
,,,,^tffiffiq;tr\02
'gat
W
V MUKTA GUPTA.J
-L i&^, -fr h +u ("-h'-s'
Gbbk\ d"t*ti{s'?L ',vtBz-
0s'/^^at!^i'huv
)e) t1)
276/2011 page 3 of3
JUDGMENT