BHARAT BHASKAR & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Bharat Bhaskar, Sh. Abhinav Bhaskar and Sh. Ashish Bhaskar for quashing of FIR No. 127/2010 dated 18.08.2010, under Section 406/409/420/120-B IPC registered at Police Station Economic Offences Wing on the basis of the Memorandum of Settlement arrived at between the petitioner no.1 and respondent no.2, namely, M/s Magpie Developers Pvt. Ltd. through its Director Ms. Anjali Bhardwaj along with others on 11.01.2016.

(2.) Learned Additional Public Prosecutor for respondent-State submitted that the Ms. Anjali Bhardwaj, present in the Court has been identified to be the Director of the Respondent No.2 Company in the FIR in question by her counsel.

(3.) The factual matrix of the present case that the complainant is one of the Directors of M/s. Magpie Developers Ltd and that the complainant being a developer was approached by the accused persons for the sale of two properties in Ishwar Nagar, New Delhi in Khasra No. 262 with the block named 4 and 6. It is the case of the complainant that he bought the said two properties, believing them to encumbrance free on the fraudulent representation of the accused persons vide Property Development Agreement dated 22.07.2006. It is alleged that a consideration amount of Rs.104 Lakhs vide various cheques was given to the accused persons for the said properties which were purchased under the name of mother of the complainant. It is also alleged that the accused persons were avoiding the development agreement dated 22.07.2006 and that later another agreement dated 20.12.2006, superseding all other agreements was entered into with regard to property named block 6 as referred to above. It is alleged that a suit for specific performance was filed by the complainant against the accused persons before this Court vide Suit No. 965/2008, where this Court passed a restraint (Stay) order against the accused persons from selling or parting with the possession of the suit property during the pendency of the proceedings. That during the pendency of the proceedings in the said suit, a company with the name of TNB investments Pvt. Ltd., moved an application before this Court praying for the Court to add this Company to the parties to this Suit, as the same company had purchased some portion of the property in question vide Sale Deed dated 23.08.2006. The complainant, however, opposed this application, by filing a reply for the same. It is further alleged that the accused persons executed a Sale Deed dated 23.08.2006 in the name of a fictitious company i.e. TNB investments Pvt. Ltd.