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Mist Avenue Pvt. Ltd. & Ors vs State Through Eow, New Delhi on 7 March, 2023

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~43
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 1624/2023 & CRL.M.A. 6150/2023
                               MIST AVENUE PVT. LTD. & ORS.               ..... Petitioner
                                               Through: Mr. Vishal Gosain, Ms. Rudrani
                                               Tyagi, Advs.
                                               versus
                               STATE THROUGH EOW, NEW DELHI               ..... Respondent
                                               Through: Mr. Ajay Vikram Singh, APP
                                               SI Parbhat, PS EOW
                               CORAM:
                               HON'BLE MR. JUSTICE JASMEET SINGH
                                               ORDER

% 07.03.2023 CRL.M.A. 6151/2023-EX.

Allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 1624/2023 & CRL.M.A. 6150/2023

1. This is a petition seeking quashing of the FIR No. 254/2019 dated 11.06.2019 registered at PS Moti Nagar under Section 420/34 IPC and consequential proceedings emanating therefrom.

2. The FIR was predicated on the fact that the possession of a shop at Sector 143, Noida was not delivered to the complainant. However, during the pendency of the proceedings, the parties have arrived at a settlement dated 09.12.2020, wherein the complainant has been returned the amount invested by her and she has agreed to quashing of the present FIR.

3. The petitioner No.3 is present in Court through video conferencing mode and is representing the petitioner Nos.1 and 2, who has been identified by Mr. Vishal Gosain, learned counsel.

4. The complainant / respondent No.2 is also present in Court through video conferencing mode and has been identified through Mr. Vishal Gosain, learned counsel.

5. The parties state that they have arrived at the above said settlement out of their own free will and without any undue influence, threat, pressure or coercion. Respondent No.2 states that she has no objection if the present FIR is quashed.

6. However, in the present case, the FIR is of the year 2019 and the Police have investigated the entire matter and have also filed the charge sheet. Considerable time of the police has been wasted on issues which should not have escalated to this extent. In addition, valuable judicial time has also been wasted.

7. Issues such as these could have been avoided had the petitioners been responsible to the terms of the agreement. However, since the parties have settled their matter, I am inclined to allow the petition and quash the present FIR.

8. Even though the parties have settled their disputes and quashing will put a quietus to the matter, however, the petitioners must pay some costs.

9. For the reasons stated above, the FIR No. 254/2019 dated 11.06.2019 registered at PS Moti Nagar under Section 420/34 IPC and all consequential proceedings emanating therefrom are hereby quashed subject to payment of costs of Rs. 75,000/- by the petitioner No.3 with the DSLSA which shall be used for the purpose of counselling of victims under POCSO Act.

10. The costs shall be paid within a period of 4 weeks from today and the Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:14.03.2023 19:10:50 proof of payment of costs shall be placed on record, failing which, the file will be put up before the Court.

11. The petition is allowed and disposed of in the aforesaid terms.

JASMEET SINGH, J MARCH 7, 2023 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:14.03.2023 19:10:50