DESH DEEPAK MALHOTRA Vs. STATE AND OTHERS

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 482 of the Cr.PC praying inter alia for quashing of FIR No. 347/2005 lodged by the respondent No. 2 under Section 420/468/471/34 IPC with Police Station: Patel Nagar on 25.06.2005.

(2.) IT is averred in the petition that certain disputes and differences arose between the petitioner, who was a tenant of respondent No. 2, in respect of premises bearing No. 2150/1, Main Patel Road, Near Shadi Pur Depot, Opp. PS West Patel Nagar, New Delhi. It is stated that originally, the property belonged to the predecessor -in -interest of respondent No. 2, one Chaudhary Raghunath, who let out the same to the predecessor -in -interest of the petitioner, Shri Agya Ram Malhotra. In the complaint lodged by the respondent No. 2/complainant against the petitioner and six other co -accused, it is stated that the petitioner alongwith the other co -accused had illegally sold the property to respondents No. 3 and 4, behind his back for a sum of Rs. 30 lacs, out of which, the petitioner claimed that he had received a sum of Rs. 2.50 lacs. This compelled the respondent No. 2 to lodge a complaint with the police, which has resulted in registering of the aforesaid FIR.

(3.) COUNSELS for the parties state that a sum of Rs. 6 lacs was deposited by the petitioner by way of a FDR before the learned Metropolitan Magistrate in the proceeding arising from case FIR No.347/2005 and as per the agreement arrived at between the parties, out of the aforesaid amount, the petitioner has no objection to release of a sum of Rs. 4.25 lacs jointly in favour of respondents No.3 and 4, while the remaining amount alongwith interest has been agreed to be returned to the petitioner.