Disposed

Azhar Ali v. State (through SHO Ps Malviya Nagar) & Anr.

Delhi HC22 Jul 2025CRL.M.C./3335/2025

Case brief

AI extract

What is this about?

A quashing petition for an FIR arising from a double-sale property dispute where parties settled via an MOU with Rs.60 Lacs paid. Court verified voluntary settlement, found no legal impediment, and quashed the FIR and consequential proceedings.

What did the court decide?

FIR No. 0468/2017 and all consequential proceedings quashed; petition and pending applications disposed of.

Azhar Ali Vs State (through SHO Ps Malviya Nagar) & Anr. — Quashing and FIR | Delhi HC (2025)

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$~28

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IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3335/2025, CRL.M.A. 14687/2025 & CRL.M.A. 14688/2025

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AZHAR ALI .....Petitioner Through: Mr. Yogeshwer Singh, Ms. Pratima Ravi, Mr. Yogeshwer Singh and Mr. Yugant Parihar, Advocates (through VC) with Petitioner in person versus

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STATE (THROUGH SHO PS MALVIYA NAGAR) & ANR.

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.....Respondents Through: Mr. Manoj Pant, APP for the State with SI Sanjeet Rashee, P.S. Malviya Nagar Mr. Raj Kapoor, Advocate for R-2 with R-2 in person

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 22.07.2025

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Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner seeking quashing of FIR No. 0468/2017 registered under Sections 420/406/467/471 IPC at P.S. Malviya Nagar and all proceedings arising therefrom in terms of the Memorandum of Understanding dated 18.11.2018.

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Brief facts of the case are that the parties have entered into an Agreement to Sell and Rs.50 Lacs were paid by the Complainant. However, the property had already been sold to some third party, which resulted into

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This is a digitally signed order.

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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 24/07/2025 at 12:02:52

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registration of this FIR.

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The parties in terms of Memorandum of Understanding dated 18.11.2018, have amicably settled their disputes and the Complainant has received Rs.60 Lacs as per the terms of the settlement.

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The Petitioner and the Respondent No. 2 are present in person in the Court and have been identified by their counsel and Investigating Officer.

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The statements of both the parties have been recorded before the learned JR.

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The parties have endorsed the amicable settlement and accepted the terms thereof voluntarily and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion and that they shall remain bound by the terms of the settlement.

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The parties have submitted that all the disputes have been amicably settled vide Memorandum of Understanding dated 18.11.2018 and thus, no fruitful purpose will be served in continuing with the FIR.

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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, the FIR No. 0468/2017 registered under Sections 420/406/467/471 IPC at P.S. Malviya Nagar and all the consequential proceedings emanating therefrom are quashed.

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This is a digitally signed order.

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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 24/07/2025 at 12:02:52

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The Petition alongwith pending Application, stands disposed of.

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NEENA BANSAL KRISHNA, J

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JULY 22, 2025 N

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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 24/07/2025 at 12:02:52

Azhar Ali v. State (through SHO Ps Malviya Nagar) & Anr.

Case brief

What is this about?

What did the court decide?

Azhar Ali v. State (through SHO Ps Malviya Nagar) & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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