DEEPAK KHANNA Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) The petitioners herein have filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") for quashing of FIR bearing No. 0106/2019 registered at Police Station ("PS") I.G.I Airport, New Delhi, for offences punishable under Ss. 406/420/34 of the Indian Penal Code ("IPC").

(2.) The brief facts of the case are that a written complaint was filed by the Complainant/Respondent No. 2 before PS I.G.I Airport, New Delhi, wherein the complainant had stated that she works in Air India at a senior level. It was alleged that the petitioners herein, who were friends of her husband, used to meet the complainant at Delhi Airport. In 2013, petitioners met the complainant and induced her to invest in a property in Hoshiarpur (Punjab), despite her reluctance to invest. After that, the complainant and her husband visited Hoshiarpur, where the petitioners showed them some properties/land. It was stated that complainant got entangled in the inducement and got ready to invest her hard-earned money in the land, and paid a total sum of Rs.34,45,114.00 (including Rs.16,75,114.00 as RTGS & NEFT transfer and Rs.17,70,000.00 in cash) to petitioner no. 1, i.e., Deepak Khanna to purchase the land admeasuring as 13 Kanal 18 Marlas. The said land was purchased via a sale deed executed on 27/9/2013 between the seller, namely, Sh. Karnail Singh (Deceased), and the purchaser, i.e., petitioner no. 1, for total consideration of Rs.19,12,000.00. It is further stated that petitioner no.1 induced the complainant to execute a General Power of Attorney ('GPA') dtd. 7/4/2014 in favour of him and one Mr Anil Kumar, authorizing the said persons to look after the property. It was further stated that in 2014, petitioner no. 1 informed the complainant that they had started to sell the land in small plots to the buyers and in accordance with the same, the sale consideration of Rs.4,40,000.00 was given by petitioner no. 1 to the complainant's husband in cash. In 2018, the complainant was informed that some plots from the land of the complainant were sold without her knowledge, and upon inquiring from the petitioners, none replied or answered her calls. It was also stated that at the time of execution of GPA dtd. 7/4/2014, petitioner no. 1 and the complainant had decided that the consideration amount against the sale of the lands in small portions to other buyers would be transferred into the bank account of the complainant.

(3.) Upon receiving the complaint, an inquiry was conducted by the police. After obtaining legal opinion from the prosecution branch, an FIR bearing No. 106/2019 was registered for offences punishable under Ss. 406/420/34 of IPC at P.S. IGI Airport.