Disposed

Raheja Developers Limited & Ors. v. State NCT of Delhi & Anr.

Delhi HC10 Dec 2024CRL.M.C./4248/2024

Case brief

AI extract

What is this about?

Petitioners booked a flat buyer who paid Rs. 10 lakhs; construction was not completed. Parties settled for about Rs. 17 lakhs, with a balance paid in court. The High Court quashed FIR No. 238/2022 under Sections 406/420/34 IPC subject to costs of Rs. 50,000/- and disposed of the petition.

What did the court decide?

FIR No. 238/2022 under Sections 406/420/34 IPC and proceedings emanating therefrom quashed, subject to payment of Rs. 50,000/- costs (Rs. 25,000/- to respondent No. 2 and Rs. 25,000/- to DHCLSC).

Raheja Developers Limited & Ors. Vs State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~71

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4248/2024, CRL.M.A. 16106/2024

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RAHEJA DEVELOPERS LIMITED & ORS. .....Petitioners Through: Ms. Srishti Aggarwal, Mr. Arun Singh Rathur, Mr. Navin Raheja, Mr. Nayan Raheja, Advs.

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Versus

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STATE NCT OF DELHI & ANR. .....Respondents

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Through: Mr. Aashneet Singh, APP with SI Udai Singh, PS Saket

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R 10.12.2024

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This is a petition seeking quashing of FIR No. 238/2022 under Sections 406/420/34 IPC registered at PS Saket against petitioner Nos. 1 to 4 and proceedings emanating therefrom.

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As per the FIR, it is stated that the complainant booked a flat under Krishna Housing Scheme at Sector-14, Sohna, Haryana and paid a sum of about Rs. 10 lakhs towards the sale consideration of the said flat. However, the petitioners did not complete the construction of the project or returned the money. Hence, the FIR.

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During the pendency of the proceedings, parties have arrived at a settlement dated 16.03.2023, wherein the petitioners agreed to pay Rs. 17 lakhs (approx.) including foreclosure of the loan.

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The said amount is acceptable to respondent No. 2/complainant.

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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 02/07/2025 at 09:35:05

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Today, a sum of Rs. 5,18,243/- has been paid vide DD No. 521192 dated 25.09.2024 drawn on ICICI Bank to respondent No. 2.

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On payment, no amount is outstanding.

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Petitioners are present in Court and are identified by Ms. Shrishti Aggarwal, Adv. Respondent No. 2 is also present in Court and is identified by SI Udai Singh, PS Saket.

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AR of petitioner No. 1 is also present in Court. 9. Parties state that they have arrived at the settlement out of their own free will and without any threat, pressure, coercion or undue influence.

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I am convinced that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice. The Court does not see any fruitful purpose if criminal proceedings are permitted to continue any further. It is a fit case for quashing.

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However, in my considered opinion, considerable judicial time has been wasted due to the acts of the petitioner, which should have been better utilised. Hence, the parties must do some social good.

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For the said reasons, subject to the petitioners paying a sum of Rs. 50,000/- as costs, wherein Rs. 25,000/- is to be paid to respondent No. 2 and Rs. 25,000/- is to be paid to DHCLSC within 4 weeks from today, FIR No. 238/2022 under Sections 406/420/34 IPC registered at PS Saket against petitioner Nos. 1 to 4 and proceedings emanating therefrom are hereby quashed.

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The proof of cost be filed within 6 weeks from today, failing which the Registry shall put the file before the Court.

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The petition is accordingly disposed of.

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JASMEET SINGH, J

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DECEMBER 10, 2024/DM Click here to check corrigendum, if any

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Raheja Developers Limited & Ors. v. State NCT of Delhi & Anr.

Case brief

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Raheja Developers Limited & Ors. v. State NCT of Delhi & Anr.

Case brief

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