Petition under Section 528 BNSS sought quashing of FIR over alleged fraud in sale of a basement property. Parties settled amicably via Settlement Agreement and executed a Sale Deed. Respondent No. 2 confirmed receiving all dues with no objection; FIR and consequential proceedings were quashed.
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CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
1. Joint Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed seeking quashing of FIR No.0022/2025 under Sections 318(4)/316(2)/3(5) BNS, 2023, registered at PS: Chanakyapuri, New Delhi and all consequential proceedings emanating therefrom, in terms of Settlement Agreement dated 09.05.2025.
2. Issue Notice.
3. Learned APP and learned Counsel for the Respondent No. 2 appearing on advance Notice, accept Notice.
4. It is submitted that the dispute between the parties was essentially in respect of alleged fraudulent transaction concerning the basement portion of the property bearing No. E-108, Malcha Marg, Diplomatic Enclave, Chanakyapuri, New Delhi, arising from an Agreement to Sell dated 15.07.2022.
5. It is further submitted that on 28.02.2025, on complaint of Respondent
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No.2, FIR No.0022/2025 under Sections 318(4)/316(2)/3(5) BNS, 2023 was registered at PS: Chanakyapuri, New Delhi.
6. The parties are present before this Court in-person today and have been identified by their learned Counsel and Investigating Officer. 7. It is stated that parties have settled all their disputes amicably vide Settlement Agreement dated 09.05.2025 and a registered Sale Deed dated 21.05.2025 has been executed by Petitioner No.1 in favour of Respondent No.2 and the possession of the property has been handed over for a total consideration of Rs.2,95,00,000/-.
8. In view of Settlement Agreement dated 09.05.2025, present Petition has been filed. 9. The parties have endorsed the amicable Settlement and accepted the terms thereof voluntarily and have undertaken to remain bound by the terms of the Settlement.
10. The parties have submitted that all the disputes have been amicably settled vide Settlement Agreement dated 09.05.2025 and thus, no fruitful purpose will be served in continuing with the FIR.
11. The present Petition has been signed by the Petitioners and is supported by their Affidavits. The parties have reaffirmed the terms of Settlement Agreement dated 09.05.2025 and they submit that the said Settlement has been arrived at between the parties, without any pressure and coercion.
12. Respondent No. 2 states that he has received all amounts due and has no objection if the FIR is quashed.
13. In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served
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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.
14. Moreover, there is no legal impediment in quashing the aforesaid FIR in question.
15. Consequently, FIR No.0022/2025 under Sections 318(4)/316(2)/3(5) BNS, 2023, registered at PS: Chanakyapuri, New Delhi and all consequential proceedings emanating therefrom are quashed.
16. The Petition along with pending Application is disposed of.
NEENA BANSAL KRISHNA, J.
SEPTEMBER 22, 2025/ R
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 24/09/2025 at 12:48:57
1 issue framed by the court
Whether an FIR for cheating and criminal breach of trust arising from a property transaction can be quashed on the basis of a voluntary settlement between the parties?
2 provisions across 2 enactments
Prateek Madhan & Ors.
State Govt. of NCT of Delhi
Respondent No. 2
Neena Bansal Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
