SHRI SATISH KAPUR & ORS. vs THE STATE, GOVT. OF NCT OF DELHI & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3466/2024 & CRL.M.As. 33329-30/2024 SHRI SATISH KAPUR & ORS. .....Petitioners Through: Mr. Sandeep Kumar, Advocate versus THE STATE, GOVT. OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC for State with SI Mohit DIU/OND Mr. Dilop Singh, Advocate for R-2 Date of Decision: 24th January, 2025 CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J (ORAL): 1. The present petition has been filed seeking quashing of the FIR No. 742/2023 registered at Police Station (P.S.) Shahbad Dairy (now investigated by D.I.U., Outer North District, Delhi), under Sections 420/120- B/34 of Indian Penal Code, 1860 (‘IPC’) against all the Petitioners and all proceedings emanating therefrom. 2. It is the case of the Complainant/Respondent No. 2 in the F.I.R. that Petitioner No. 1 was allotted a plot bearing no. 35, Block C, Pocket-1, Sector 36, Rohini, Delhi-110085 under Rohini Residential Scheme of Delhi Development Authority (‘DDA’) [hereinafter referred as ‘Plot No. 35, Rohini’]. Since, Petitioner Nos. 1 and 2 were resident of Ahmedabad, they approached a local property dealer i.e., Petitioner No. 3 as well as another Signature Not Verified Digitally Signed W.P.(CRL) 3466/2024 Page 1 of 16 By:MAMTA RANI Signing Date:29.01.2025 12:40:50 property dealer one Sh. Chiranjeev Sharma to deal on their behalf for the sale of the above Plot No. 35, Rohini. 3. It is the case of the Complainant/Respondent No. 2 that Sh. Chiranjeev Sharma negotiated the sale of Plot No. 35, Rohini and an Agreement to Sell dated 12.12.2019 (‘ATS dated 12.12.2019’) was executed between the parties for a total sale consideration of Rs. 42,05,000. 4. It is stated that a sum of Rs. 1 lakh was paid in c