POONAM KHANNA Vs. STATE & ORS

JUDGEMENT

(1.) Vide the present petition, the petitioner, Mrs. Poonam Khanna, W/o Late Sh. Pradeep Kumar Khanna seeks invocation of powers of this Court under Section 482 Code of Criminal Procedure, 1973 seeking partial quashing of the FIR No.11/2011, dated 15.2.2011, under Sections 403/404/406/409/420/120-B Indian Penal Code, 1860, Police Station Tuglak Road, New Delhi and all proceedings emanating therefrom against her and seeks that her name be dropped from the list of accused and that the proceedings be continued against other accused persons/companies.

(2.) The facts put forth through the petition are to the effect that the petitioner's late husband, who died on 12.1.2002 was the owner of the property bearing No.21, Aurangzeb Road, New Delhi, which comprised of a plot of land measuring 0.91 acres-4418 Square Yards taken on perpetual lease from the Land & Development Office, New Delhi with a double storied building and an outhouse constructed thereupon in relation to which her late husband Sh.Pradeep Kumar Khanna during his lifetime had entered into an agreement to sell with one Shri Avtar Singh, partner of M/s Aero Shoes, New Delhi with respect to the sale of the said property which at that time was under the tenancy and in possession of the Sudan Embassy. It has further been submitted through the petition that after discussion, an agreement to sell dated 13.9.88 was executed between the late Shri Pradeep Kumar Khanna and one Shri Avtar Singh through his company M/s Tosh Apartment Private Limited (arrayed as respondent No.3 to the present petition) and under the agreement to sell a sum of Rs.25,00,000/- was paid by Sh.Avtar Singh, the authorized signatory of M/s Tosh Apartment Private Limited by cheque and some amounts for and on his behalf to some other person. The Sudan Embassy is stated to have vacated the property No.21 Aurangzeb Road, New Delhi on 12.5.1992, on which date it is alleged that the possession of the said property was taken by Mr. L.K.Kaul (since deceased) for and on behalf of Late Pradeep Kumar Khanna in an illegal manner as a consequence of which there were disputes which arose between Pradeep Kumar Khanna and M/s Tosh Apartment Private Limited with respect to the sale of the said property and the respondent No.3 arrayed to the present petition, i.e. M/s Tosh Apartment Private Limited filed a suit for specific performance of the agreement to sell dated 13.9.1988 and for damages and injunction in this Court bearing CS(OS) No. 425/1993 against late Pradeep Kumar Khanna and others which suit was contested by Pradeep Kumar Khanna during his lifetime. Vide order dated 18.2.1993 in CS(OS) No.425/1993, this Court passed an interim order restraining Pradeep Kumar Khanna and others from transferring, alienating or part with the possession in any manner or creating any third party rights in respect of the said suit property.

(3.) As per the averments made in the petition, during the pendency of the CS(OS) No.425/93, Pradeep Kumar Khanna is alleged to have entered into six agreements to sell dated 19.2.1997 with M/s Vidhur Impex Traders (P) Ltd. and five other companies with respect to the suit property no. 21, Aurangzeb Road, New Delhi in violation of the order of injunction of this Court and on 30.5.1997 Pradeep Kumar Khanna is alleged to have executed and registered six sale deeds and the said six companies further executed an agreement to sell in favour of one M/s Bhagwati Developers (P) Ltd on receiving some consideration.