Citation : 2019 Latest Caselaw 5010 Del
Judgement Date : 17 October, 2019
$~2
* IN THE HIGH COURT OF DELHI AT NEW 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
J U D G M E N T (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
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.
(SURESH KUMAR KAIT) JUDGE OCTOBER 17, 2019 neelam
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