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Uppal Chadha Hi Tech Developers Pvt Ltd & ... vs State & Ors on 22 December, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~41
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C 7083/2022
                                 UPPAL CHADHA HI TECH DEVELOPERS PVT LTD & ORS.
                                                                                    ..... Petitioners
                                                    Through:     Mr. Pradeep Kumar Arya, Adv.

                                                    versus

                                 STATE & ORS.                                       ..... Respondents
                                                    Through:     Mr. Amit Sahni, APP for State
                                                                 Mr. Sandeep Gupta, Adv.
                                 CORAM:
                                 HON'BLE MR. JUSTICE JASMEET SINGH
                                                   ORDER

% 22.12.2022 The matter has been received on transfer.

This is a petition seeking quashing of FIR No. 49/2021 dated 12.03.2021 u/s 420/406/120B IPC registered at PS EOW. As per the FIR, it is stated that respondent Nos. 2 to 5 had booked flats with petitioner No. 1 in the year 2005 and had made substantial payments towards booking of the said flats.

Since the land was to be allotted by the UP Government, it was allotted much later in time. The petitioner was unable to comply with its obligation. Hence, the FIR.

During the pendency of the proceedings, the parties have arrived at a settlement wherein the flats have been given to the petitioners and they are satisfied with the allotment and do not wish to prosecute the FIR any further.

The petitioners are present in Court and are identified by Mr. Pradeep Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:23.12.2022 20:23:59 Kumar Arya, Adv.

The authorized representative of the respondent, Mr. Sandeep Gupta is present and is making the statement for and on behalf of respondent Nos. 2 to 5.

The parties state that they have arrived at the settlement out of their own free will without any threat, pressure, coercion or undue influence.

Mr. Gupta states that all the respondents are satisfied with the settlement and do not have any dispute with the petitioners and have no objection to the FIR being quashed.

In this view of the matter, I am of the view that it is in the interest of justice I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. This should not be treated as a legal precedent as in this case, the proceedings are quashed as the respondent has decided to put a quietus to the matter. The Court does not see any fruitful purpose if criminal proceedings are permitted to be prosecuted any further. It is a fit case for quashing. In this view of the matter, there is no reason to continue the proceedings.

However, the FIR is of the year 2021 and considerable time of police and judicial time has been wasted on account of commission and omission on behalf of the parties. After investigation, the police has filed a chargesheet.

In this view of the matter, the petitioner must pay some costs. Petitioner Nos. 1 and 2 shall pay Rs. 50,000/- each to DHCLSC which shall be utilised for counselling POCSO victims.

Petitioner Nos. 3 and 4 shall also pay Rs. 50,000/- each to Delhi Police Welfare Fund.

The cost shall be paid within 4 weeks from today. The receipt of the cost shall be placed on record failing which the file shall be placed before the Court.

With these directions, the FIR No. No. 49/2021dated 12.03.2021 u/s 420/406/120B IPC registered at PS EOW, is hereby quashed.

The petition is disposed of.

JASMEET SINGH, J DECEMBER 22, 2022/dm Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:23.12.2022 20:23:59