PEEYUSH AGGARWAL Vs. STATE

JUDGEMENT

(1.) This petition has been filed for quashing of FIR No. 194/2018 dtd. 3/7/2018 registered under Ss. 420/467/468/471/34/ 120B IPC on the ground that the petitioner himself is a victim of a fraud which had been played relating to a property sale. The basic facts are that one Mrs. Yogita Baxla, respondent No.2, herein approached the petitioner in the month of October, 2010 for selling an industrial plot No. B-65/2, Wazirpur Industrial Area, New Delhi - 110052 admeasuring 2067.033 sq.yds. representing herself as absolute owner of the property on the basis of a Will dtd. 8/11/2005 executed by her grandmother Late Smt. Raj Rani Chhabra/ Chawla. The respondent No.2 provided all relevant legal documents including relinquishment deeds of other legal heirs. Pursuant to a number of meetings between petitioner and respondent No.2 in 2010 and 2011, the sale price of the property was agreed at Rs.7.31 crores. Consequently for the purchase of the property payments of Rs.15.00 lakhs was made on 20/11/2010 by petitioner's cheque and then cash amounts of Rs.1,10,000.00. An MOU was executed on 26/3/2011 and pursuant to that about Rs.10,15,000.00 was further paid to respondent No.2. Thus, by June, 2011 a cumulative sum of Rs.26,60,000.00 had been paid by the petitioner as advance money towards purchase of the property.

(2.) Thereafter despite meetings, respondent No.2 would not execute the sale deed and soon became unreachable when the petitioner realised that he had been cheated. Later he learnt that respondent No.2 had got FIR No. 88/2011 registered under Ss. 420/467/468/471/120B IPC with Economic Offences Wing (EOW) against Mr. Raj Kumar Harjai, respondent No.3 herein claiming that the property in question had been grabbed by them.

(3.) An application filed by Mr. Raj Kumar Harjai, respondent No.3 under Sec. 156 (3) of Cr.P.C. the Ld. CMM ordered registration of an FIR against 10 accused persons, including the petitioner who has been arrayed as accused No.9 and as such, FIR No.194/2018 came to be registered at P.S. Ashok Vihar. The allegation was respondent No.2 in connivance with the petitioner and others forged the documents to create third party rights in the property in question. Considering that petitioner himself has been out of pocket to the tune of Rs.26.6 lakhs and was himself victim of cheating and fraud, she has sought quashing of this FIR.