Delhi High Court - Orders
Tdi Infrastructure Ltd & Ors vs Government Of Nct Of Delhi & Ors on 25 January, 2023
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 513/2023 & CRL.M.A. 2024/2023, CRL.M.A. 2025/2023
TDI INFRASTRUCTURE LTD & ORS. ..... Petitioner
Through: Mr. Abhimanyu Bhandari, Ms. Roohe
Hina Dua, Ms. Ananya Sikri, Mr. Akarsh Sharma,
Mr. Kamal Rathi, Mr. Nishchint Rawat, Advs.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Ajay Vikram Singh, APP
Mr. Rishi Manchanda, Adv. for R-3
Mr. Chander Kant Dumra, Adv. for R-4
Insp. Kamal Kohli, PS EOW
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 25.01.2023
1. At the outset, it is informed to the learned counsels for the parties that I had appeared against the petitioner No.1 in my years of practice. Both parties have given their no objection to me hearing the matter.
2. This is a petition filed seeking quashing of the FIR No. 272/2017 dated 31.08.2017 registered at PS Mahendra Park under Section 420/120B IPC and quashing of the impugned EOW charge sheet dated 19.11.2020 for offences under Section 406/420/120B/34 IPC.
3. As per the FIR, the respondent Nos. 3 and 4 had applied for a plot of land at the petitioner‟s project namely, „Tuscan Royale‟ TDI City, Kundli, Sonipat and were allotted 250 sq. yds. plot at the rate of Rs. 37,500/- per sq. yds. A sum of Rs. 32,81,250/- was paid to the petitioners. However, since there was no allotment of the plot, the FIR Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:27.01.2023 12:01:11 has been registered.
4. During the pendency of the proceedings, the parties have arrived at a settlement dated 15.05.2018, wherein a sum Rs. 43 lakhs inclusive of compensation, interest and cost have been paid to respondent Nos. 3 and 4 in full and final settlement of their claims.
5. The authorised representative of the petitioners, Mr. Ved Prakash is present in Court and has been identified by Ms. Roohe Hina Dua, learned counsel.
6. The respondent Nos. 3 and 4 are also present in Court and have been identified by Mr. Rishi Manchanda, learned counsel.
7. The parties state that they have arrived at a settlement out of their own free will and without any undue influence, threat, pressure or coercion.
8. Respondent Nos. 3 and 4 have no objection if the present FIR is quashed.
9. However, I am of the view that the FIR is of the year 2017 and the Police have conducted investigation and the charge sheet has also been filed. Considerable time of the Police has been wasted which should have never been so done.
10. However, since the respondent Nos. 3 and 4 have settled the matter, no useful purpose would be served in prosecuting the present FIR any further and a quietus needs to be put to the issue in controversy.
11. For the aforesaid reasons, the FIR No. 272/2017 dated 31.08.2017 registered at PS Mahendra Park under Section 420/120B IPC and impugned EOW charge sheet dated 19.11.2020 for offences under Section 406/420/120B/34 IPC and all consequential proceedings Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:27.01.2023 12:01:11 emanating therefrom are hereby quashed. However, the petitioners must pay some costs. The petitioners will pay the costs of Rs. 30,000/- to „Delhi High Court Bar Clerk‟s Association‟. The costs shall be paid within a period of 4 weeks. The proof of costs be placed on record. In case the same is not deposited, the file will be put up before the Court.
12. Dasti.
JASMEET SINGH, J JANUARY 25, 2023 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:27.01.2023 12:01:11