IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 25.09.2025

Judgment delivered on:15.12.2025

+ W.P.(CRL) 2331/2025, CRL.M.A. 21750/2025 & CRL.M.A.

21751/2025

NBCC (I) LTD. ..... Petitioner

versus

STATE (GOVT. OF NCT OF

DELHI) & ANR. ..... Respondents

Advocates who appeared in this case:

For the Petitioner : Mr. Brijender Chahar, ASG (through VC)

with Mr. Gudipati Gayatri Kashyap, Mr. Ranvijay Gohain & Mr. Sarvesh Chaubey,

Advs.

For the Respondents : Mr. Sanjeev Bhandari, ASC for the State

with Mr. Arjit Sharma & Ms. Sakshi Jha,

Advs.

SI Rajnish, PS- Lodhi Colony

Complainant in person

CORAM

HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, 1950 read with Section 528 of

the Bharatiya Nagarik Suraksha Sanhita (‘BNSS’) seeking quashing of FIR No. 203/2024 dated 28.11.2024, registered at Police Station Lodi Colony for the offence under Section 420 of the Indian Penal Code, 1860 (‘IPC’) including all consequential proceedings arising therefrom.

2. The FIR was registered pursuant to order dated 19.10.2024 passed by the learned Judicial Magistrate First Class (‘JMFC’), South-East District, Saket Courts, New Delhi in an application filed by Respondent No. 2 under Section 156(3) of the Code of Criminal Procedure, 1973 (‘CrPC’).

3. The brief facts are that Respondent No. 2 had booked an apartment on 23.06.2012 in the project being “NBCC Green View Apartments, Sector 37-D, Gurgaon, Haryana” that was developed by the petitioner. Respondent No. 2 had paid a total consideration amount of ₹76,85,576/- to the petitioner and was thereafter issued a “No Dues Certificate” by the petitioner on 21.10.2021. Consequently, Respondent No. 2 was issued an “Allotment Letter” on 02.11.2021 by the petitioner.

4. Thereafter, residents of the aforesaid project started complaining about structural defects in the buildings, whereafter, the petitioner engaged structural experts from Indian Institute of Technology, Delhi who in their report dated 17.11.2021 recommended extensive repairs to the project. Pursuant to which, the petitioner issued notice dated 18.11.2021 to all the residents requesting them to vacate the complex by 23.11.2021.

5. Respondent No. 2 vide his email dated 23.11.2021 gave his consent to the petitioner to vacate the temporary allotted flat. It is pertinent to note that the petitioner filed a civil suit being CS (Comm) 153/2023 against the contractors of the said project namely, M/s Supreme Infrastructure India Limited and M/s Ramacivil India Construction Pvt. Ltd., which is still pending adjudication before this Court.

6. The petitioner, thereafter, on 29.07.2022 shared an offer letter to Respondent No. 2 offering a refund of amount equal to the consideration that was paid by Respondent No. 2 to the petitioner as well as charges on delayed payment, if any, paid by Respondent No. 2 to the petitioner.

7. Respondent No. 2, thereafter, filed a Writ Petition being W.P(C)

824/2023 before this Court seeking the following prayers:

“i. Direct the respondents to provide an alternate flat with the aforementioned positioning and in vicinity as that of flat which was booked by the petitioners in their project namely NBCC Green view Apartments bearing Flat No. C2.3, TYPE-D.

ii. Or alternatively, direct the respondents to refund the amount paid by the petitioners with reciprocal interest @ 15% per annum and with compensation of Rs.50,00,000/- for mental torture, agony, and harassment; and to pay extra compensation as per Annexure P-18 iii. Pass such other and further order as this Hon'ble Court may deem fit and proper in the interest of justice.”

8. The Co-ordinate Bench of this Court vide judgment dated 08.05.2024 allowed the writ petition filed by Respondent No. 2 and thereby directed the petitioner to refund the entire amount paid by Respondent No. 2 along with interest @ 12% from 30.01.2021 till the date of the said judgment.

9. Respondent No. 2, thereafter, preferred an