Sanjeev Srivastava vs State Of Nct Of Delhi And Anr & Anr.
2021 Latest Caselaw 836 Del

$~31
*IN THE HIGH COURT OF DELHI AT NEW DELHI
                                  Date of decision: March 10, 2021

+      CRL.M.C. 825/2021 & Crl.M.A. 4068-69/2021

       SANJEEV SRIVASTAVA                         ..... Petitioner
                    Through:          Mr. Sudhir Nandrajog, Senior
                                      Advocate with Mr.Keshav
                                      Mohan, Advocates

                         Versus

       STATE OF NCT OF DELHI AND ANR & ANR. ....
                                           Respondents
                     Through: Mr. Panna Lal Sharma,
                              Additional Public Prosecutor
                              for respondent No.1/State
                              with SI Mohinder

                                      Respondent No.2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        JUDGMENT (ORAL)

The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioner is seeking quashing of

FIR No. 390/2019, registered at police station Vikas Puri, New

Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Mr. Panna Lal Sharma, learned Additional Public Prosecutor

for State accepts notice and submits that respondent No.2 is present

through video conferencing and he has been identified as the

complainant of FIR in question by the Investigating Officer of this

case, who is also present through video conferencing.

4. With the consent of the parties, the present petition is taken

up for final hearing.

5. The FIR in question pertains to a dispute between petitioner

and respondent over an Agreement to purchase a flat in one of the

group housing projects of Assotech Limited namely The Nest,

Crossing Republik, Ghaziabad, UP under the buyback scheme.

However, due to financial crisis and slump in the real estate sector,

the project could not be completed and Assotech Limited went into

liquidation proceedings under orders of this Court. Since the

cheques handed over to the respondent under the buyback scheme

got dishonoured on presentation, he filed a complaint under Section

138 of Negotiable Instruments Act, 1881 before the court of learned

Metropolitan Magistrate. During that time, parties entered into a

Settlement Agreement dated 02.11.2019, where-under petitioner

herein undertook to pay a sum of Rs.25,00,000/- to the respondent.

However, due to unforeseen reasons, petitioner could not pay the

amount of Rs.7,50,000/- and parties again entered into a settlement

vide Settlement Deed dated 11.02.2021.

6. The parties, present through video conferencing, have

affirmed that the contents of Settlement Agreement dated

02.11.2019 and Settlement Deed dated 11.02.2021 have been

complied with.

7. Learned counsel for parties point out that the factum of

settlement has already been recorded by the learned Metropolitan

Magistrate in the order dated 23.02.2021 and petitioner has been

acquitted of the offences in FIR No. 390/2019.

8. Keeping in view that the dispute between the parties has been

amicably resolved, this Court is inclined to quash the FIR in

question, as no useful purpose would be served in continuing with

the proceedings arising out of the present FIR.

9. For the reasons afore noted, FIR No. 390/2019, registered at

police station Vikas Puri, New and consequent proceedings

emanating therefrom are hereby quashed.

10. The petition is accordingly allowed and disposed of.

11. Pending applications also stand disposed of.

(SURESH KUMAR KAIT) JUDGE March 10, 2021 r