Quashed

Praveen Taneja & Ors. v. State & Anr.

Delhi HC5 Dec 2016W.P.(CRL)/3288/2016

Case brief

AI extract

What is this about?

The Court quashed an FIR registered under Sections 420, 120B, and 34 IPC alleging cheating in a property transaction. The quashing was granted considering the settlement between parties and repayment of the bank loan, subject to a deposit in the PM's Relief Fund.

What did the court decide?

FIR No.139/2015 and proceedings quashed subject to deposit of Rs.20,000/- with Prime Minister's National Relief Fund by petitioner no.1 within two weeks.

Praveen Taneja & Ors. Vs State & Anr. — Quashing and FIR | Delhi HC (2016)

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$~6.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 3288/2016

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PRAVEEN TANEJA & ORS.

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..... Petitioner

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STATE & ANR.

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Through: Mr. Subhash Chand, Advocate versus ..... Respondent Through: Mr. R.S. Kundu, ASC with SI Praveen, PS Jagatpuri Mr. Manish Chauhan for R-2

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CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI

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O R D E R

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% 05.12.2016

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Crl.M.A. No. 17763/2016

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Exemption allowed, subject to all just exceptions. The application stands disposed of.

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W.P.(CRL) 3288/2016

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Issue notice. Notice is accepted on behalf of the State. The status report tendered in court is taken on record. Respondent No.2 is present with her counsel and accepts notice. Respondent No.2 is identified by the I.O. as well.

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The petitioners have preferred the present writ petition to seek the quashing of FIR No.139/2015 registered at PS Jagatpuri under Section

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420/120B/34 IPC and the proceedings arising therefrom. The same is premised on a settlement arrived at between the parties.

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The aforesaid FIR came be registered at the instance of the complainant, who is the purchaser of the suit property from petitioner no.1 through his attorney petitioner no.2. Petitioner no.3 is a witness to the documentation prepared. It was represented to the complainant that the property was free from all encumbrances, whereas a loan had been obtained against the said property by petitioner no.1 who had acquired title from petitioner No.2. After obtaining the loan, he had executed a power of attorney in favour of petitioner no.2. Petitioner no.2, accordingly, sold the property to the complainant by making a false declaration that the property was not encumbered.

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The loan taken from the bank has now been settled. The Urban Bank Ltd. has issued a certificate that the loan stands closed as on 08.08.2016. The petitioners have acknowledged the transfer of title of the property in question in favour of respondent no.2. In these circumstances, respondent no.2 does not wish to pursue the complaint and joins the prayer for quashing of the FIR.

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Learned counsel for the petitioner has submitted that to atone for their conduct, the petitioner no.1 is willing to be subjected to such terms as this court may consider appropriate.

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Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. The same are hereby quashed subject to deposit of Rs.20,000/- with Prime Minister’s National Relief Fund by petitioner no.1 within two weeks. Copy of receipt of deposit be provided to the I.O. and whereafter the case shall be

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closed.

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VIPIN SANGHI, J

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DECEMBER 05, 2016

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Praveen Taneja & Ors. v. State & Anr.

Case brief

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Praveen Taneja & Ors. v. State & Anr.

Case brief

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