SUNIL TOMAR Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 482 Cr.P.C. for quashing of FIR No. 549/2016, under Ss. 406/420/34 IPC, registered at Police Station Dwarka, South West District, Delhi, and all proceedings emanating therefrom.

(2.) In brief the facts of the case are that the instant case was registered on the complaint of Sh. Satyender Singh (Respondent No. 2 herein) S/o Sh. Sukhbir Singh R/o 2B/182, Awas Vikas Colony Baraut, District Baghpat U.P, filed against Sunil Dev, Sunil Tomar (Petitioner herein) and Sunil Sharma. In the said complaint it is alleged that accused No. 2 is an old friend and well aware about financial position of the complainant. In August, 2013 accused No. 2 hatched a criminal conspiracy with accused No. 1 and 3 to cheat the complainant and accused No. 1 showed him a villa bearing No. E 100, Raman Vihar Society which was allotted in name of accused No. 2 for a total consideration of Rs.2.33 Crores. Out of the said amount, complainant had paid Rs.1,85,70,000.00 (Rs.1.25 Crores in cash to accused No. 1 and Rs.64.00 Lacs to accused No. 2 by cheque). The said amount was misappropriated by accused No.1 and 2 and the deal was also not finalized. Thereafter, the instant FIR No. 549/2016, under Ss. 406/420/34 IPC, registered at Police Station Dwarka, South West District, Delhi was lodged.

(3.) It is submitted by the learned counsel for the petitioner that during the pendency of the trial, the parties have settled the matter amicably in terms of the MOU/Settlement Deed dtd. 23/7/2021. Copy of the said settlement is placed on record.