Delhi High Court
Cosmos Infra Engineering India Private ... vs Economic Offences Wing & Ors on 16 May, 2025
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 16.05.2025
,,,,,,,,,,
+ CRL.M.C. 3001/2025
COSMOS INFRA ENGINEERING INDIA PRIVATE
LIMITED & ANR. .....Petitioners
Through: Mr. Vijay K. Singh, Ms. Shruti
Manchanda, Mr. Himanshu,
Advs. along with petitioner No.
2 in person and petitioner No. 1
through VC.
versus
ECONOMIC OFFENCES WING & ORS. .....Respondents
Through: Mr. Hitesh Vali, APP for the
State with Insp. Laxman
Kumar, PS EOW.
Mr. Nikhil Rahija, Mr. Ajeesh
Kumar, Ms. Poonam Kumari &
Mr. Satpal Kochar, Advs. for R-
2 along with R-2, R-3 and R-5
in person. R-4 is present
through VC.
CORAM:-
HON'BLE MR. JUSTICE RAVINDER DUDEJA
JUDGMENT (ORAL)
RAVINDER DUDEJA, J.
CRL.M.A. 13352/2025 EXEMPTION FROM FILING
ORIGINAL /CERTIFIED COPIES ETC.
Allowed, subject to all just exceptions.
The application stands disposed of.
CRL.M.C. 3001/2025 & CRL.M.A. 13351/2025 STAY
1. This is a petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, seeking quashing of FIR No. 0063/2023,
dated 14.08.2023, registered at P.S Economic Offences Wing under
sections 420/409/120B IPC and all proceedings emanating therefrom
on the basis of settlement between the parties.
2. On 14.08.2023, Respondent No.2 lodged the aforesaid FIR
against the Petitioner alleging cheating and criminal breach of trust
regarding project funds. Meanwhile, insolvency proceedings under
Section 7 of the IBC, 2016 were admitted by NCLT, Delhi on
12.10.2023 against Cosmos Infra, and Plan-A was approved on
15.12.2023, which included terms for settlement of claims. The
Project is under completion as per the approved Plan A and vide order
dated 23.01.2024 passed by NCLT, Petitioner No.1 Company and the
homebuyers (including the Respondent No.2 to 5) are bound by the
terms of the approved PLAN A. Since Respondent No. 2 to 5 did not
make the complete payment as per Plan A, Petitioner No. 1 cancelled
the units allotted in favour of Respondent No. 2 to 5. Thereafter,
Respondent No. 2 to 5 showed interest in complying with Plan A
including making payments towards outstanding and future instalment
in terms of the Plan A and requested for the revocation of cancellation
of their respective units.
3. During the proceedings, the parties have amicably resolved their
disputes and executed four Settlement Deeds dated 22.04.2025 with
Respondent No. 2 to 5. It is submitted that in pursuance of the
Settlement, all the previous complaints and litigations initiated by the
parties have been withdrawn and all conditions of the Settlement Deed
including payment of requisite amount to the Petitioner by the
Respondent No. 2 to 5 have been fulfilled as per the schedule
mentioned in the Settlement Deed. The copies of four Settlement
Deeds dated 22.04.2025 with Respondent No. 2 to 5 have been placed
on record as Annexure P-7, P-8, P-9 and P-10 respectively.
4. The matter was placed before the Joint Registrar, who has
recorded the statements of Respondent No.2 and 5 on 01.05.2025. The
Joint Registrar recorded the statements of the Respondent No.3 and
the Petitioners on 05.05.2025 and passed the following order:-
"05.05.2025
Today, statement of respondent no.3 has been recorded to ascertain
the veracity and the genuineness of the parties entering into
settlement.
Respondent no.3 has been identified by the IO.
Let the pre-verified statement along with this order be placed
before the Hon'ble Court on 16th May, 2025.
5. Petitioner No. 2 for himself and petitioner No. 1 and respondent
Nos. 2, 3 and 5 are physically present in Court while respondent No. 4
is present through video conferencing. They have been identified by
their respective counsels as well as by the Investigating Officer SI
Insp. Laxman Kumar from PS EOW.
6. Respondent No.2 to 5 submit that the matter has been settled
with the Petitioners without any force, fear, coercion and the
conditions of the Settlement Deed dated 22.04.2025 have been
complied with. It is submitted that Respondent No.2 to 5 have no
objection if the FIR No. 0063/2023 is quashed against the Petitioners.
7. In view of the settlement between the parties, learned
Additional PP appearing for the State, also has no objection if the
present FIR No. 0063/2023 is quashed.
8. 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."
9. 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. 0063/2023, dated 14.08.2023,
registered at P.S Economic Offences Wing under sections
420/409/120B IPC and all the other consequential proceeding
emanating therefrom.
10. In the interest of justice, the petition is allowed, and FIR No.
0063/2023, dated 14.08.2023, registered at P.S Economic Offences
Wing under sections 420/409/120B IPC and all the other
consequential proceeding emanating therefrom is hereby quashed.
11. Petition is allowed and disposed of accordingly.
12. Pending application(s), if any, also stand disposed of.
RAVINDER DUDEJA, J
MAY 16, 2025/AK
