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2026 DAILYLAW 16121 (DEL)

SAMAKSH ESTATES PVT LTD & ANR. v. GOVERNMENT OF NCT OF DELHI & ANR.

CRL.M.C./5993/2026 · 2026-08-17

Manoj Jain

body2026

Judgment text

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CRL.M.C. 5993/2026 1 $~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 17thAugust, 2026 # CNR No. DLHC010378722026 + CRL.M.C. 5993/2026 & CRL.M.A. 24969-24970/2026 SAMAKSH ESTATES PVT LTD & ANR. .....Petitioner Through: Mr. Arjun Sanjay, Advocate along with petitioner in person. versus GOVERNMENT OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP for the State with HC Manoj. Mr. Faiz Rizvi, Advocate for R-2 alongwith respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners herein seek quashing of FIR No. 00027/2026 dated 29.01.2026, registered at P.S. Cyber Police Station Outer, for commission of offences under Sections 308/318(4)/319/340 of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 383/420/416/470 IPC), along with all consequential proceedings emanating therefrom, on the basis of compromise arrived at between the parties. 2. The FIR is based on the report lodged by Santosh Gupta, wherein he claimed that he was victim of online financial fraud and was cheated of Rs.1 lac. 3. Investigation, however, revealed that it was never a case of cyber-fraud Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 18:47:48 Signature Not Verified CRL.M.C. 5993/2026 2 and, rather, complainant had made some investment in real estate with the petitioner and the amount in question has already been duly refunded to him. 4. Both the parties have amicably resolved all their disputes and have entered into a comprehensive Settlement Agreement dated 24.07.2026. 5. Copy of such Settlement Agreement has also been placed on record. 6. It is in the abovesaid backdrop that the present petition has been filed. 7. Charge-sheet has yet not been filed. 8. Respondent No.2 is present in Court and has been duly identified by the Investigating Officer as well as by his counsel. 9. When asked, respondent No.2 reiterated the terms of the settlement and submitted that he has entered into the abovesaid settlement voluntarily, out of his own free will, without any pressure, coercion or influence from any corner whatsoever. He submits that he has received the entire amount of Rs.1,00,000/- as full and final settlement. Such Settlement Agreement also records that the complainant had invested a sum of Rs.1 lac with the petitioner herein and the complaint was lodged on the basis of some misunderstanding and miscommunication. 10. Be that as it may, in view of the settlement arrived at between the parties, continuing with criminal proceedings would serve no useful purpose. 11. 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. 12. Consequently, to secure the ends of justice, FIR No. 00027/2026 dated 29.01.2026, registered at P.S. Cyber Police Station Outer, for commission of offences under Sections 308/318(4)/319/340 of Bharatiya Nyaya Sanhita (BNS), 2023 (corresponding Sections 383/420/416/470 IPC), along with all Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 18:47:48 CRL.M.C. 5993/2026 3 consequential proceedings arising therefrom, is, hereby, quashed. 13. Original affidavits and Settlement Agreement of the parties, copies of which have been placed on record in the present proceedings, shall be handed over to concerned SHO/IO within two weeks from today. 14. The petition stands disposed of in aforesaid terms. 15. Pending applications also stand disposed of. (MANOJ JAIN) JUDGE AUGUST 17, 2026/ss/sa Signed By:SONIA THAPLIYAL Signing Date:18.08.2026 18:47:48