MOHD YUNUS Vs. STATE

JUDGEMENT

(1.) The instant petition has been filed by the petitioner Mohd. Yunus under Section 482 CrPC for quashing of 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 him.

(2.) Concisely, the relevant facts of the present case are that President of India (Lessor) through New Friends Cooperative House Building Society Ltd. (Lessee)(herein after referred to as 'Society') had executed Perpetual Sub-lease dated 16.02.1973 in favour of Mr. M.L.Tandon in respect of plot bearing no. C-566, New Friends Colony, New Delhi(hereinafter referred to as 'suit property').

(3.) Sh M.L.Tandon had entered into an agreement for transfer of the suit property and also executed a registered Will on 28.03.1977 in favour of the petitioner Mohd Yunus. Sh. M.L.Tandon had expired on 03.01.1980 on the basis of Will dated 28.03.1977 and in terms of order dated 14.01.1982, passed by the DDA, the property was mutated in the name of petitioner Mohd Yunus on the basis of the registered Will and an endorsement to this effect was also made on the perpetual sub- lease deed. Later on, Sh. S.R.Bhutani, his wife and two sons entered into an agreement with petitioner Mohd. Yunus for purchase of the suit property on 27.06.1992 and petitioner executed a registered General Power of Attorney in favour of Sh. Raj Kumar Bhutani and Agreement to Sell in favour of Sh. Shri Ram, Veena and Master Ankit through his father and guardian Sh. Raj Kumar. Subsequently, purchaser applied for conversion from lease hold to free hold with respect the suit property. During the process of conversion of suit property from lease hold to free hold by the DDA, it was found that earlier the mutation was obtained on the basis of concealment of material facts and false affidavit was given by the petitioner. Hence, FIR was lodged and it was decided to charge 50% unearned increase from the purchaser.