FROOT TRIP PVT LTD. Vs. STATE

JUDGEMENT

(1.) This is a writ petition under Article 226 and 227 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 126/2018, dtd. 13/3/2018, P.S Prashant Vihar under Sec. 420/467/468/471/34 IPC and all proceedings emanating therefrom on the basis of settlement between the parties.

(2.) It was alleged that the Petitioners, who run a travel agency, had assured Respondent No.2 of providing a UK tour package for him and his family. However, after reaching the UK, the Respondent and his family were allegedly provided fake return tickets. Subsequently, one of the Respondent's friends visited the Petitioners in India, upon which the Petitioners took Rs.1,00,000.00 to issue proper return tickets. After their return, the Respondent No.2 visited the Petitioners seeking refund of the said amount, but it was not returned despite repeated assurances, leading to the registration of the aforesaid FIR.

(3.) During the pendency of the investigation, the matter was amicably resolved through the intervention of mutual friends and respected members of the society. The Petitioners tendered an apology and Respondent No.2 forgave them, acknowledging the Petitioners' assistance in safely returning his family from the UK. Consequently, both parties entered into a Settlement Deed/Memorandum of Understanding dtd. 5/3/2024. The copy of Settlement Agreement dtd. 5/3/2024 has been placed on record as Annexure B.