RAVI NIGAM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By virtue of this Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C.), the Petitioner seeks quashing of FIR No.164/2012 dated 07.10.2012 under Section 506/34/380/448 IPC, registered in Police Station Hauz Qazi.

(2.) The FIR was lodged on the complaint made by one Abhinav Krishan Aggarwal alleging that his father Shri Gopal Krishan Aggarwal was inducted as a tenant in the property No.1923, Gali Leshwan, Mohalla Imli, Bazar Sitaram, Delhi-110006 sometime in the year 1974 and was in continuous possession thereof till the lodging of the report. Abhinav Kumar Aggarwal informed that his father had been running the business of printing in the name and style of M/s. M.G. Printers & Stationery and was being assessed to income tax and sales tax. For some reasons the business could not be continued since the year 2007 and the property was locked. Valuable goods including some machinery and raw material was stored in the property. One Ravi Nigam (the Petitioner herein) had been extending threats to them to forcibly dispossess them from the property. On 07.10.2012 the complainant received a call from one person, namely, Munshi that his father's office had been demolished and the articles have been stolen.

(3.) In the Petition, the Petitioner alleges that in fact property No.1922- 1923 Gali Leshwan, Mohalla Imli, Bazar Sitaram, Delhi-110006 was owned by Anand Swaroop Goel, Prem Prakash Goel, Santosh Kumar Goel and M.D. Goel. The Petitioner purchased the property from them on the basis of a Agreement to Sell dated 22.08.2012 and an earnest money of Rs. 60 lacs was paid by way of different cheques/cash against receipt. The Petitioner claims that after receipt of earnest money, the peaceful and vacant possession of the property was given to the Petitioner in August, 2012. According to him (the Petitioner) he was not aware of any tenant in the property. On inquiry from the erstwhile owner, the Petitioner came to know that one Gopal Krishan Aggarwal was the tenant in the ground floor portion of the property but he handed over the peaceful and vacant possession to the erstwhile owner in the year 2008 when he was involved in a murder case and was convicted.