Tdi Infrastructure Limited & Ors. Vs State NCT of Delhi & Anr.

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 4496/2025&CRL.M.A. 19607/2025 (Stay)

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TDI INFRASTRUCTURE LIMITED & ORS.

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.....Petitioners

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Through: Mr. Arshdeep Singh Khurana, Mr. Pradeep Singh and Mr. Himanshu Kasturi, Advocates. Authorised Signatory of Petitioner nos. 1, 2, 3 in person and petitioner no. 6 in person. Petitioner nos. 4, 5 and 7 through Video Conferencing.

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versus

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STATE NCT OF DELHI & ANR. .....Respondents Through: Ms. Shubhi Gupta, APP for the State with SI Nikhil Singh P.S. EOW. Mr. Kamal Singh for respondent No.2 along with respondent No. 2 in person.

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CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 10.07.2025

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This hearing has been done through hybrid mode.

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The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks quashing of FIR No. 149/2022, under Sections 406/420/409/120B of the IPC, registered at P.S. Economic Offences Wing and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shriya Aggarwal, learned Chief Judicial Magistrate, Patiala House Courts, Delhi.

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Learned counsel for the petitioners submits that the present FIR was

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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 15/07/2025 at 11:14:27

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registered at the instance of respondent no. 2, who was a home buyer. During the pendency of the aforesaid proceedings, a Memorandum of Understanding dated 01.07.2025 have been entered into between the parties for a total consideration of Rs. 50,00,000/- (Fifty Lakhs) out of which, a sum of Rs. 9,00,000/- (Nine Lakhs) has already been paid and remaining amount of Rs. 41,00,000/- (Forty One Lakhs) is to be paid today.

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Authorised Signatory of petitioner Nos. 1, 2, 3, petitioner no. 6 and respondent No. 2 are present in Court and petitioner Nos. 4, 5 and 7 have appeared today through Video Conferencing and have been duly identified by their respective counsel, as well as the Investigating Officer, S.I. Deepika, P.S: Paschim Vihar.

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A demand draft bearing No. 846549, dated 05.07.2025, for Rs. 11,00,000/- dated 12.12.2022 for Rs. 41,00,000/- drawn on Kotak Mahindra Bank, K.G. Marg has been handed over to the complainant/respondent No.2, who acknowledges the receipt of the same.

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The complainant/respondent No.2 states that the matter has been settled with the petitioners and she has no objection if the FIR is quashed. She further states that all the terms of the agreement have been complied with.

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Learned APP for the State, on instructions of the Investigating Officer submits that in the present FIR, respondent no. 2 is the only complainant and there is no other victim. It is further submitted that the chargesheet has been filed in the present case.

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In Gian Singh v. State of Punjab, (2012) 10 SCC 303, the Hon’ble Supreme Court has recognized the need of amicable resolution of disputes by observing as under:-

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“61. ... In other words, the High Court must consider whether it

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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 15/07/2025 at 11:14:27

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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 proceeding.”

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In view of the aforesaid circumstances, and the fact that the parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR No. 149/2022, under Sections 406/420/409/120B of the IPC, registered at P.S. Economic Offences Wing and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shriya Aggarwal, learned Chief Judicial Magistrate, Patiala House Courts, Delhi.

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In the interest of justice, the petition is allowed, and the FIR No. 149/2022, under Sections 406/420/409/120B of the IPC, registered at P.S. Economic Offences Wing and all other consequential proceedings emanating therefrom, including the chargesheet pending before the Court of Ms. Shriya Aggarwal, learned Chief Judicial Magistrate, Patiala House Courts, Delhi, is hereby quashed, subject to the cost of Rs. 3,00,000/- (Three Lakhs) out of which, Rs. 50,000/- (Fifty Thousand) is to be deposited by the petitioners with the Delhi High Court Employees Welfare Fund (A/c no. 15530100010657, UCO Bank, IFSC: UCBA0001553) and the remaining amount of Rs. 2,50,000/- (Two Lakhs and Fifty Thousand) is to be deposited with the Delhi State Legal Services Authority (A/c No. 18580110053263, IFSC: UCBA0003364, UCO Bank, Rouse Avenue Courts) within 10 days from today. The amount so deposited shall be utilized by the Delhi State Legal

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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 15/07/2025 at 11:14:27

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Services Authority for providing counselling/psychological support to the survivors in POCSO matters requiring such assistance.

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Petition is allowed and disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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JULY 10, 2025/bsr/sc

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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 15/07/2025 at 11:14:27

Tdi Infrastructure Limited & Ors. v. State NCT of Delhi & Anr.

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Tdi Infrastructure Limited & Ors. v. State NCT of Delhi & Anr.

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