Delhi High Court
Harish Chander And Anr vs The State Of Nct Of Delhi & Anr on 17 July, 2025
$~85
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 17.07.2025
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+ CRL.M.C. 4698/2025 & CRL.M.A. 20378/2025
HARISH CHANDER AND ANR. .....Petitioners
Through: Mr. Vikrant Choudhary and Ms.
Smita Mishra, Advocates.
Petitioners in person.
versus
THE STATE OF NCT OF DELHI & ANR. ... Respondents
Through: Mr. Hitesh Vali, APP.
Mr. Gaurav Sharma, Advocate
for R-2.
Respondent No. 2 in person.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT(ORAL)
RAVINDER DUDEJA, J.
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, seeking quashing of FIR No. 757/2015, dated
01.09.2015, registered at P.S Mahendra Park, Delhi under sections
420/468/471/120B/34 IPC and all proceedings emanating therefrom
on the basis of settlement between the parties.
2. In June 2013, Respondent No. 2 purchased a flat bearing no.
C-24Z, Jahangir Puri from Petitioners upon payment of ₹5 lakh
upfront and ₹7.75 lakhs later, allegedly based on fake ownership
documents prepared by petitioners. It is further submitted that despite
repeated assurances, the flat registration was never completed and
upon attempting to sell the flat years later, Respondent No. 2
discovered via RTI and official inquiries that the flat was never
allotted to anyone and the documents were forged. Thereafter,
Respondents No. 2 filed FIR No. 757/2015, dated 01.09.2015, at P.S
Mahendra Park, Delhi under sections 420/468/471/120B/34 IPC.
Chargesheet was filed against the Petitioners under
420/468/471/120B/34 IPC on 26.04.2018.
3. During the proceedings, the parties amicably resolved their
disputes and executed a Memorandum of Understanding/ Settlement
Agreement dated 17.05.2025. The copy of Memorandum of
Understanding/ Settlement Agreement dated 17.05.2025 has been
placed on record as Annexure E.
4. Parties are physically present before the Court. They have been
identified by their respective counsels as well as by the Investigating
Officer from PS Mahendra Park.
5. Respondent No.2 confirms that the matter has been amicably
settled with the petitioners without any force, fear, coercion and she
has no objection if the FIR No. 757/2015 is quashed against the
Petitioners.
6. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 757/2015 is quashed.
7. In Gian Singh vs State of Punjab (2012) 10 SCC 303, Hon'ble
Supreme Court has recognized the need of amicable resolution of
disputes by observing as under:-
"61. In other words, the High Court must consider whether it would
be unfair or contrary to the interest of justice to continue with the
criminal proceedings or continuation of criminal proceedings
would tantamount to abuse of process of law despite settlement and
compromise between the victim and the wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal case is put
to an end and if the answer to the above question(s) is in the
affirmative, the High Court shall be well within its jurisdiction to
quash the criminal proceedings."
8. In view of the aforesaid circumstances and the fact that parties
have put a quietus to the dispute, no useful purpose will be served in
continuing with the present FIR No. 757/2015, dated 01.09.2015,
registered at P.S Mahendra Park, Delhi under sections
420/468/471/120B/34 IPC and all the other consequential proceeding
emanating therefrom.
9. In the interest of justice, the petition is allowed, and the FIR No.
757/2015, dated 01.09.2015, registered at P.S Mahendra Park, Delhi
under sections 420/468/471/120B/34 IPC and all the other
consequential proceeding emanating therefrom is hereby quashed.
10. Petition is allowed and disposed of accordingly.
11. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
JULY 17, 2025/SK
