PANKAJ VERMA Vs. STATE & ANR

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Pankaj Verma for quashing of FIR No.165/2009 dated 30.05.2009, under Sections 420/467/468/471/406/506 IPC registered at Police Station Najafgarh on the basis of Settlement Agreement entered into between the petitioner and respondent no.2 namely, Sh. Azad Singh on 22.01.2016.

(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 ASI Tej Ram.

(3.) The factual matrix of the present case is that in April 2007, the accused approached the complainant for sale of agricultural land i.e. 1/3rd share out of the total land bearing khata no. 223/185, khasra no. 27/25/2(1-16), 28/21(4-15) , 22(4-16), 23(4-12), 24(4-4), 16/2(1-1), 19/2(1-12), 31(0-4), 30/1(4-16), 2(3-17), 3(4-7), 4(0-9), 9(1-7), 10(5- 4), 31/4/1(0-18), 5/2(4-13), 6(1-16), 7/1(1-4), 14/2(0-2), 15/1(2-4), 6(0-19), 388(2-0) admeasuring 59 bighas 16 biswas, situated in the revenue estate of village khaira, Najafgarh, New Delhi, hereinafter referred to as property in question and stated that the said property is free from all encumbrances. On 21.04.2007, an agreement to sell was executed between the complainant and the accused person whereby the accused had agreed to sell the property in question for a total sale consideration of Rs. 1,15,00,000/-out of which Bayana sum of Rs. 50 Lacs was paid by the complainant. In August 2007, the complainant was shocked to learn from the residents of village Khaira that the property in question does not belong to the accused. Upon confrontation, the accused admitted the fact that the property does not belong to him and that he shall return the money to the complainant. On 19.12.2007, the accused issued a cheque bearing no.252723, drawn on Punjab National Bank, payable at all CBS branches. Upon presentment of the same in March 2008, the said cheque got dishonored and was returned with the remarks "funds insufficient". When then complainant confronted the accused, the accused gave him life threats.