Allowed

Parvesh Kumar and Anr. v. State of NCT Delhi and Anr.

Delhi HC12 Sept 2024W.P.(CRL)/1483/2023

Case brief

AI extract

What is this about?

This order disposed of a criminal petition seeking to quash an FIR based on a property dispute. The Court noted that the parties had reached a voluntary settlement and handed over possession. Finding no legal impediment and that continuing proceedings would cause acrimony, the Court quashed the FIR and consequent proceedings.

What did the court decide?

FIR No. 856/2022 for the offence under Sections 420/406/120B/34 I.P.C. and all consequential proceedings were quashed.

Parvesh Kumar and Anr. Vs State of NCT Delhi… — Contract and Commercial Disputes | Delhi HC (2024)

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1483/2023

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PARVESH KUMAR AND ANR .....Petitioners

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Through: Mr. Hari Parkash Sharma and Mr. Prince Arya, Advocates

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versus

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STATE OF NCT DELHI AND ANR .....Respondents Through: Ms. Nandita Rao, ASC for the State Mr. Rahul Sharma, Mr. Pramod Agarwal and Mr. Rajesh Sehgal, Advocates for R-2

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R

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% 12.09.2024

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The present Petition under Articles 226 of the Constitution of India read with Section 528 of the BNSS, 2023 has been filed on behalf of the petitioners seeking to quash the FIR No. 856/2022 for the offence under Sections 420/406/120B/34 I.P.C. registered at Police Station Aman Vihar.

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Issue notice.

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Learned Additional Standing Counsel appearing on advance notice, accepts notice on behalf of the State.

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Brief facts of the case are that the parties were well known to each other and entered into an Agreement for sale and purchase of the property bearing No. A-52, Balbir Vihar, Kirari Suleman Nagar, Delhi.

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It is stated that the petitioners and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Deed dated 01.05.2024 wherein the possession of the property

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 04:21:40

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has been handed over to the respondent No. 2. In view of the Settlement Deed, the present Petition has been filed.

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The affidavits of the petitioner No. 1 and 2 have been filed stating that the copies of the documents of the Title have been handed over and that the original chain of documents have been lost and that they undertake that they shall not disturb the peaceful possession of the respondent No.2 7. It is also stated that they have not created any rights in the past and shall not misuse the documents in the future. The Affidavit is taken on record.

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The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily.

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Today, the respondent No. 2, who is present in the Court, states that he has no objection if the FIR is quashed. 10. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

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Moreover, there is no legal impediment in quashing the FIR in question.

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Accordingly, FIR No. 856/2022 for the offence under Sections 420/406/120B/34 I.P.C. registered at Police Station Aman Vihar and all consequential proceedings emanating therefrom are quashed.

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The Petition stands disposed of.

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NEENA BANSAL KRISHNA, J

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SEPTEMBER 12, 2024/PT

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Parvesh Kumar and Anr. v. State of NCT Delhi and Anr.

Case brief

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Parvesh Kumar and Anr. v. State of NCT Delhi and Anr.

Case brief

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