2024 (2) TMI 1626

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d by the petitioners seeking following reliefs: "a) Quash the Impugned FIR No. 082/2023 dated 11.02.2023 and all proceedings initiated thereto as well as complaint, settlement and all proceedings registered with Police Station Chitranjan Park, South Delhi, New Delhi under Section 420/406 Indian Penal Code, 1860; and/or b) Direct the respondent no. 2 to return the original sale deed dated 21.07.2023 which is in possession of him in collusion with the erstwhile vendees/conspirators; c) Initiate Criminal proceedings against the respondent no. 2 Mr. Neeraj Gupta & his wife Mrs. Neena Gupta for false allegations and trumped up charges against the Petitioners in FIR 82/2023. d) Pass any such other/further order....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e petitioners were constrained to file the said Crl. M.C. 2446/2023 based on the forced settlement which is pending. He further submitted that the petitioners undertake to withdraw the same. 6. I have heard learned counsels for the parties and have gone through the records of the case. 7. For the purpose of completeness, it is necessary to reproduce the order dated 11.09.2023 passed in Crl.M.C. 2446/2023 which reads as follows: "1. By way of the present petition, petitioner is seeking quashing of FIR No. 82/2023 under Sections 406/420 read with Section 34 Indian Penal Code, 1860 registered at Police Station Chitranjan Park and all proceedings emanating therefrom. 2. At the outset, learned counsel for the petitioner s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ner, in my opinion, is an afterthought and a ploy to come out of the order dated 11.09.2023 passed in the said petition as the contention of threat and coercion being used against the petitioners for signing the settlement was never mentioned in the said petition. 9. Furthermore, it is pertinent to note that the petitioners in para 26 of the present writ petition have stated that they will withdraw the petition being Crl. M. C. 2446/2023 as it was based on forced settlement but the same is still pending and was previously listed on 20.11.2023, 08.01.2024 and now the same is presently adjourned to 15.03.2024. 10. It is also pertinent to mention here in this background that para 44 of the present writ petition wherein the petitioners ha....