PARAMJEET SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition under Sec. 482 Crimial P.C. has been filed by the petitioners, namely, Sh. Paramjeet Singh and Sh. Amardeep Singh for quashing of FIR No. 133/2013 dated 22.05.2013, under Sections 420/406/120B Penal Code registered at Police Station E.O.W. on the basis of settlement arrived at between the petitioner and respondent no.2 namely, Sh. Anand Prakash on 8.07.2015.

(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 his counsel.

(3.) The factual matrix of the present case is that the complainant is the owner of entire building bearing No. 56, Transport Centre, New Subzi Mandi, Azadpur. It is alleged that in the first week of June 2011, Amardeep Singh had met the complainant in his office and told him that his father Paramjeet Singh was intending to sell his entire property bearing no.56, Transport Centre, New Subzi Mandi, Azadpur, Delhi and gave an offer to the complainant that he may purchase the above said property. It is alleged by the complainant that he, on the assurances of Amardeep Singh and Paramjeet Singh, accepted the offer and agreed to purchase the above entire property consisting of basement, ground floor, first floor along with terrace rights from Shri Paramjeet Singh for a total sale consideration of Rs. 1 crore 21 lacs only. It is the case of the complainant that it was agreed between the parties that the complainant shall pay first installment of Rs. 7 Lakhs at the time of execution of the Bayana Agreement. It is alleged that the complainant himself contacted the tenants of the building and came to know from Sh. Gurdeep Singh @ Deepa, one of the tenants of the building in occupation of basement, that the Paramjeet Singh and Amardeep Singh had already sold the basement portion of the building to him and had executed documents in respect of the basement in favour of his wife. It is alleged that the upon contacting Paramjeet Singh and Amardeep Singh to accept the balance sale consideration amount and complete the sale, he was told by them that they would accept the balance amount only if the complainant would pay the amount of Rs. 2 crores to them. The complainant made several requests to the accused persons to adhere to the terms of the original Bayana Agreement, but to no avail. Thereafter, the complainant got lodged the complaint following which the FIR in question was registered against the petitioner. During the pendency of the proceedings, the matter was settled between the petitioner and the respondent No. 2.