NON-REPORTABLE

2026 INSC 509 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) NO. OF 67/2025 AMIT KATYAL & ANR. …. PETITIONER(S)

VERSUS STATE OF HARYANA & ANR. …..RESPONDENT(S)

J U D G M E N T

PRASANNA B. VARALE, J FACTUAL MATRIX

1. The present writ petition, filed under Article 32 of the Constitution of India, has been instituted by the petitioners seeking appropriate directions from this Court for clubbing/transfer of multiple First Information Reports registered against them in different jurisdictions, arising out of the same set of transactions pertaining to the real estate project “Brahma City/Krrish World”, so as to obviate multiplicity of proceedings and Signaturet Noot Ve rifieednable the petitioners to effectively defend themselves in the Digitally signed by K D 17 A a : t P 2 e 3 I : L : 2 0 T 0 2 A

2 Ic6 N S . D T 05r O .1 N

9iminal proceedings. The facts leading to this Writ petition is thus:

Reason:

2. The petitioners no.1 and 2 were the Directors in a company M/s Krrish Realtech Pvt. Ltd, which had launched several real estate projects, including a project namely 'Brahma City' / 'Krrish World', and had accepted bookings from the homebuyers towards sale of the plots in the said project.

3. The said Project got delayed and stuck on account of various reasons beyond the control of the petitioners, and as such, the petitioners could not deliver the possession of plots to all the homebuyers, which led to filing of several FIRs against them. Out of several FIRs, an FIR No. 30/2019 was registered by Economic Offence Wing of Delhi Police (EOW), in which the complaints made by 83 homebuyers/victims were clubbed and investigated. The other aspects, including the allegations of committing cheating with the homebuyers and diverting funds received from the homebuyers to other holding companies and misappropriating such funds for personal gains were also subject matter of investigation by the Economic Offence Wing. Subsequently, complaints made by approximately 28 other home buyers were being investigated by the EOW in the said FIR. The following FIRs have been registered with Economic Offence Wing ('EOW'), New Delhi against the petitioners and other associated with the real estate projects of M/s Krrish Realtech Pvt. Ltd. :-

S.NO FIR NO COMPLAINANT SUBJECT POLICE MATTER OF STATION FIR

1 52/2016 M/S IMPERIA Related to EOW,Delhi STRUCTURES LTD not

delivering

the

possession of

4. However, some other aggrieved victims chose to lodge FIRs at Haryana on almost the same allegations of not delivering the plots and of misappropriating the money paid by homebuyers/ investors by the petitioners. Two FIRs i.e, FIR No. 221/2013 PS Sector 55, 56 Gurgaon and FIR No. 674/2013 PS Gurgaon Sadar were registered against the accused company and its directors at Gurugram in respect of the said project The petitioners and the concerned accused company, however, showing their bonafide, settled the matters with a few homebuyers and refunded the amount and consequently, the said FIRs were quashed.

5. The FIR No. 221/2013 PS Sector 55, 56 Gurgaon was quashed on the basis of settlement between the parties, by the Hon'ble Punjab & Haryana High Court at Chandigarh vide order dated 11.03.2014 passed in CRM-M-40033 of 2013.

6. The FIR No. 674/2013 PS Sadar, Gurgaon was quashed on the basis of settlement between the parties, by the Hon'ble Punjab & Haryana High Court at Chandigarh vide order dated 09.07.2015 passed in CRM-M-36606 of 2013.

7. On 02.05.2016, an FIR No. 52/2016 under Sections 406, 420 and 120B Indian Penal Code, 1860 was registered at Economic Offence Wing, Delhi against M/s Brahma City Pvt. Ltd. and M/s Krrish Realtech Pvt. Ltd. pertaining to the project 'Brahma City' on the allegations that an Agreement/MoU was entered into by the accused company with the complainant M/s Imperia Structures Ltd. to allot plots in the said project and had even obtained the money despite the fact that there were no plots available with the accus