Full Text
HIGH COURT OF DELHI
Date of Decision: 17.07.2025 ,,,,,,,,,, CRL.M.C. 4698/2025 & CRL.M.A. 20378/2025
HARISH CHANDER AND ANR. .....Petitioners
Through: Mr. Vikrant Choudhary and Ms. Smita Mishra, Advocates.
Petitioners in person.
Through: Mr. Hitesh Vali, APP.
Mr. Gaurav Sharma, Advocate for R-2.
Respondent No. 2 in person.
JUDGMENT
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.
2. In June 2013, Respondent No. 2 purchased a flat bearing no. C-24Z, Jahangir Puri from Petitioners upon payment of ₹5 lakh upfront and ₹7.75 lakhs later, allegedly based on fake ownership documents prepared by petitioners. It is further submitted that despite repeated assurances, the flat registration was never completed and upon attempting to sell the flat years later, Respondent No. 2 discovered via RTI and official inquiries that the flat was never allotted to anyone and the documents were forged. Thereafter, Respondents No. 2 filed FIR No. 757/2015, dated 01.09.2015, at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC. Chargesheet was filed against the Petitioners under 420/468/471/120B/34 IPC on 26.04.2018.
3. During the proceedings, the parties amicably resolved their disputes and executed a Memorandum of Understanding/ Settlement Agreement dated 17.05.2025. The copy of Memorandum of Understanding/ Settlement Agreement dated 17.05.2025 has been placed on record as Annexure E.
4. Parties are physically present before the Court. They have been identified by their respective counsels as well as by the Investigating Officer from PS Mahendra Park.
5. Respondent No.2 confirms that the matter has been amicably settled with the petitioners without any force, fear, coercion and she has no objection if the FIR No. 757/2015 is quashed against the Petitioners.
6. In view of the settlement between the parties, learned Additional PP appearing for the State, also has no objection if the present FIR No. 757/2015 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-
8. In view of the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all the other consequential proceeding emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR NO. 757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC and all the other consequential proceeding emanating therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J JULY 17, 2025