NEELAM SALUJA Vs. STATE

JUDGEMENT

(1.) The instant petition has been filed by the petitioner Mrs. Neelam Saluja under Section 482 CrPC for quashing the FIR No. 247/1988 dated 22.11.1988, under Section 420/468/471/120-B IPC registered at P.S. Kotla Mubarakpur, New Delhi and charge-sheet filed there under against the petitioner.

(2.) Concisely, the relevant facts of the present case are that on 14.09.1963, New Friends Cooperative House Building Society Ltd. had issued Share Certificate dated 14.09.1963 in favour of one Mr. Dayal Singh Narag S/o Mr. Jagat Singh Narag R/o. 5/62, W.E.A., Karol Bagh, New Delhi. On 21.03.1975, President of India (Lessor) through New Friends Cooperative House Building Society Ltd. (Lessee) had executed Perpetual Sub-lease in favour of Mr. Dayal Singh Narag in respect of plot bearing no. A-63, New Friends Colony, New Delhi (measuring 504 sq yds). On 18.11.1978, Mr. Dayal Singh Narag had sold and transferred the plot of land bearing No.A-63, New Friends Colony, New Delhi in favour of the petitioner Mrs. Neelam Saluja vide Agreement to Sell dated 09.11.1978, registered General power of Attorney, Special power of Attorney and Will dated 18.11.1978. Mr. Dayal Singh Narag had expired on 26.10.1980. Accordingly, after the death of Mr. Dayal Singh Narag, the petitioner had applied to DDA for mutation in her favour in respect of the aforementioned plot and the plot was duly mutated in favour of the petitioner vide letter bearing no. F.27(91)/78/CS-DDA dated 12.08.1981 issued by DDA. Thereafter the petitioner had applied for transfer of membership of late Mr. Dayal Singh Narag in her favour in the records of New Friends Cooperative House Building Society Ltd. and the transfer of membership in favour of the petitioner was duly accepted and sanctioned by the Society vide its letter dated 16.09.1981 and Resolution No.8 passed in the meeting of the Managing Committee held on 29.08.1981.

(3.) It is further submitted that in the year 1983-84, the petitioner and her husband Mr. Surinder Singh Saluja had completed construction on the property and built up a residential house in accordance with the sanctioned building plan but DDA had issued letters and communications dated 14.04.1986 and 08.05.1986 whereby the mutation in favour of the petitioner in respect of property No.A-63, New Friends Colony, New Delhi was suspended and DDA had raised demand of 50% unearned increase amount against the petitioner vide letter dated 14.04.1986 which runs as follows;