RAJDEEP SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Sec. 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 159 of 2020, dtd. 15/7/2020, registered at PS Sadar, Shimla, H.P., under Ss. 420 read with Sec. 120-B of the IPC, as well as consequent proceedings on the basis of compromise arrived inter-se parties.

(2.) Perusal of averments contained in the petition as well as documents annexed therewith reveals that FIR sought to be quashed came to be instituted at the behest of respondents No. 2 and 3, who alleged that they had booked two flats with Rajdeep and Co. Infrastructure Pvt Ltd for a sum of Rs.62,50,000.00 each, in Tower C of Claridge's Residency, by opting to construction linked plan. Complainant alleged that as per agreement, possession of the aforesaid flats was to be handed over within two years, but despite repeated requests, neither possession was given to them, nor money paid by them was refunded. In the aforesaid background FIR sought to be quashed in the instant proceedings came to be instituted, but before same could be taken to its logical end, parties to the lis have resolved to settle their dispute amicably inter-se them and as such, have approached this Court for quashing of FIR as well as consequent proceedings.

(3.) Vide order dtd. 21/2/2022, this Court directed the respondent to come present in the Court so that factum with regard to correctness and genuineness of the compromise placed on record, is ascertained. Besides above, this court also directed the respondent-State to verify the factum with regard to compromise, if any, arrived inter-se parties.