VIR PRAKASH ARORA Vs. STATE

JUDGEMENT

(1.) Pursuant to the order dated 09.04.2010, notices were issued to the respondents No.2 and 3. Notices were duly served on the respondents No.2 and 3. Counsel is present on behalf of respondent No.2 alongwith respondent No.2. However, none is present on behalf of the respondent No.3.

(2.) The present petition is filed by the petitioners under Section 482 of the Cr.PC praying inter alia for quashing of FIR No.596/2007, registered by the respondent No.2/complainant under Sections 406/120/468/471 IPC with Police Station: Mehrauli.

(3.) Briefly stated, the facts of the case are that the respondent No.2/complainant lodged FIR No.596/2007 with Police Station: Mehrauli, alleging that he had purchased from the petitioner No.1, a flat bearing No.1067/7, Mehrauli, New Delhi, situated on the first floor of the suit premises alongwith roof right of the built up structure, by entering into an Agreement to Sell dated 09.08.2002 and other supporting documents to transfer the title of the aforesaid property in his favour. The total cost of the said flat was settled at Rs.6 lacs, and the entire amount was paid by the respondent No.2 to the petitioner No.1. However, later on when the respondent No.2 discovered that the petitioner No.1 had mortgaged the flat with Citi Financial Group in the year 2001, whereafter the loan account of the petitioner No.1 was transferred to the respondent No.3/Kotak Mahindra Bank, he lodged the aforesaid FIR against the petitioners.