SUNITA PANKAJ SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners accused in F.I.R. bearing No.7/2016 registered with Deccan Police Station, Pune for the offences punishable under Ss. 420, 464, 467, 468, 471, read with 34 of the Indian Penal Code, have preferred this Petition for quashing of the said F.I.R. by consent of Respondent No.2, on the ground that, the matter has been settled between the Petitioners and Respondent No.2 through its Authorized Manager.

(2.) Record indicates that, by an Order dated 27 th November 2017, notice was issued to Respondent No.2 and ad-interim relief was granted in terms of prayer clause (b) qua the Petitioners, till the next date. Thereafter, Advocate Mr. Rajesh Khobragade appeared for the Respondent No.2.

(3.) The said F.I.R. No.7/2016 came to be registered on the report of Shantaram V. Shenoy, Manager of Respondent No.2. The F.I.R. alleges that, accused Abhishek More and Mrs. Bina More had purchased a tenement bearing No.1104, 11th Floor, Gulmohar Building, Green Vally Co- operative Housing Society, Wanwadi, Pune on 5 th March, 2004. Later on, the More couple sold the above referred flat to the Petitioners on 27 th September, 2012. Further, on 24 th April, 2015 Petitioner Ashish Shah sold the said flat to co-accused Irfan Sattar Shaikh and Ms.Sajia Irfan Sattar Shaikh. At that time the Shaikh couple had obtained a loan of Rs.1.5 Crores from Respondent No.2, to purchase the said flat. However, accused Irfan Shaikh defaulted in payment of the loan installments, which forced the Respondent No.2 to initiate a legal action. During said action Respondent No.2 learnt that, the Petitioners had already availed a loan from Capital First Company by registered mortgage of the said flat on 19 th August, 2013 and the 'N.O.C.' of the Green Valley Co-operative Society submitted with the Respondent No.2, was bogus. Thus, the Petitioners concealing the fact of previous loan and the registered mortgage, obtained a huge loan amount of Rs.1.5 Crores from Respondent No.2 by pretending that, they have sold the said flat to the accused Shaikh Couple. Thus, the Petitioners and their co- accused committed this crime.