Shivpuri Buildtech Pvt Ltd And Ors vs State Nct Of Delhi And Ors

Manoj Jain, J

Petitioners herein seek quashing of FIR No. 100/2024 dated 22.01.2024, registered at Police Station DBG Road, for commission of offences under Sections 420/406/120B/506 IPC along with all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties.

The FIR in question was registered on the basis of joint complaint made by Mr. Kiran Kapoor and Ms. Babli Kapoor.

They were joint owners of property in question, situated at New Rohtak Road, Karol Bagh, New Delhi and the accused persons approached them and claimed that they were renowned builders and, based on their assurance, a collaboration agreement was entered into between the parties.

However, according to the complainants, the accused persons had cheated and defrauded them and had deprived them of their existing home which was demolished in terms of collaboration agreement and they continue to illegally occupy the same and have, even, sold out the second floor of the property, without complainants' knowledge and consent.

The complainants had filed a complaint before the learned Trial Court and, it was only on the basis of the direction given by the learned Magisterial Court, the FIR was registered.

The matter is still under investigation as the charge sheet has yet not been filed.

Fact, however, remains that when the anticipatory bail application was filed before this Court, the matter was referred to mediation vide order dated 17.09.2025.

Fortunately, the parties have been able to resolve all their disputes as can be deciphered from the settlement agreement dated 13.03.2026 which is under the aegis of Delhi High Court Mediation and Conciliation Centre, Delhi High Court.

Both the complainants i.e. respondent Nos.2-Mr. Kiran Kapoor and 3-Ms. Babli Kapoor, have joined the proceedings through video conferencing. Their counsel Mr. Danish Khan has also joined the proceedings through video conferencing, who submits that the matter has been amicably settled between the parties and in terms of settlement, the complainants have made another payment of Rs. 79,00,000/- and the vacant and peaceful possession of the entire property has been given to them and, therefore, the complainants are also no longer interested in pursuing with the abovesaid FIR.

It is also submitted that the arbitration proceedings were also invoked and in terms of settlement, such arbitration proceedings have also been withdrawn.

Ms. Babli Kapoor, on videoconferencing, states that matter has been resolved voluntarily and she would have no objection to quashing of FIR. Mr. Kiran Kapoor is a senior citizen in his late seventies and he could not switch-on his camera from the other end but prayed that since the matter has been amicably settled, they are no longer interested in pursuing the present FIR.

The terms of the settlement have been reiterated by the respondents and, even in the mediation agreement, in particularly, para 14, it is mentioned that after the termination of arbitration proceedings, a petition would be filed before this Court seeking quashing of the FIR and the complainants would co-operate, in all aspects, by giving no-objection affidavits.

The affidavits of the petitioners as well as of respondent Nos. 2 and 3 are on record in which the respondents have claimed that they would have no objection if the FIR is quashed.

Accordingly, exercising inherent powers vested in this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, it is deemed appropriate to quash the instant FIR.

Consequently, to secure the ends of justice, FIR No. 100/2024 dated 22.01.2024, registered at Police Station DBG Road, for commission of offences under Sections 420/406/120B/506 IPC along with all consequential proceedings arising therefrom, is, hereby, quashed.

Original affidavits and MoU of the parties, copies of which have been placed on record in the present proceedings, shall be submitted to the concerned SHO/IO within four weeks from today.

The petition stands disposed of in aforesaid terms