MUKESH SINGH Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Mukesh Singhla for quashing of FIR No. 169/2012 dated 15.06.2012, under Ss. 406/420/120B/34 IPC registered at Police Station Crime Branch on the basis of the settlement arrived at between the petitioner and the respondent no. 2, namely, Sh. Y.S. Tomar.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no. 2, present in the Court has been identified to be the complainant/first informant in the FIR in question by SI Virendra Singh.

(3.) The factual matrix of the present case is that the complainant lodged the FIR in question on the allegation that in May, 2011, Mr. Ashok Kumar, Mr. Tilak Raj, Mr. Heera Lal Aggarwal and Mr. Mukesh Singla approached the complainant through Mr. Sukhbir Panwar who is his partner in Medha Housing Pvt. Ltd. for selling three B.Ed. Colleges situated in Panipat, Haryana. An MOU was entered into by the parties. Rs. 1 Crore was given to Mr. Heera Lal Aggarwal and Rs. 10 lakhs were given as loan to Mr. Tilak Raj and 50% share in all the colleges was given to Mr. Ashok Kumar, Mr. Tilak Raj and Mr. Sukhbir Panwar. As per the MOU, 40% to 60% members were to be inducted by 31.07.2011 in all the colleges. But despite several meetings with the above named persons, the terms of the MOU were not complied with, rather, Mr. Heera Lal Aggarwal and Mr. Mukesh Singla ran away with the agreements of the property. Aggrieved by their conduct, the complainant asked them to return the money, but they all refused to pay back the same.