Rajiv Bajaj v. State and Ors.

Delhi High Court · 17 Oct 2019 · 2019:DHC:5318
Suresh Kumar Kait
CRL.M.C. 279/2019
2019:DHC:5318
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 420, 468, 471, and 34 IPC against the petitioner following a settlement and refund to the complainants, holding that further prosecution would serve no useful purpose.

Full Text
Translation output
CRL.M.C. 279/2019
HIGH COURT OF DELHI
Date of Decision: 17th October, 2019
CRL.M.C. 279/2019
RAJIV BAJAJ ..... Petitioner
Through: Mr.Shreyas Mehrotra, Adv. with petitioner in person
VERSUS
STATE AND ORS ..... Respondents
Through: Mr.K.K. Ghai, APP for State SI Romi Kanojia, PS Chitranjan Park
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Vide the present petition, the petitioner seeks direction thereby quashing of FIR No.95/2017 registered at PS Chitranjan Park for the offences under Sections 420/468/471 and 34 IPC.
The facts of the case are that the petitioner was the President of an erstwhile Group Housing Society known as a ‘Bank-Men’s CGHS Limited and which was to develop group housing multi storey flats at Dhirpur, Delhi.
Respondent Nos.2 and 3 had booked units in the said project. As delivery of the unit could not be made due to issues in land allotment from
DDA and liquidation of the said society, hence, respondent Nos.2 and 3 through their respective SPA holders filed a criminal complaint which culminated into the FIR in question against the petitioner and other officers
2019:DHC:5318
CRL.M.C. 279/2019 of said society. The matter is under investigation and till date, no charge sheet has been filed.
The petitioner has negotiated a settlement with respondent Nos.2 and

3. Upon perusal of the settlement, respondent Nos.[2] and 3 had agreed to accept refund of their entire amount from the petitioner. The attorney of respondent Nos.[2] and 3 is personally present in the Court today. Taking into account the aforesaid facts, this Court is inclined to quash the concerned FIR as no useful purpose would be served in prosecuting the petitioners any further. For the reasons afore-recorded, the FIR No.95/2017 registered at PS Chitranjan Park for the offences under Sections 420/468/471 and 34 IPC and consequent proceedings therefrom are quashed. The petition is allowed accordingly. Dasti.

JUDGE OCTOBER 17, 2019 neelam