SANDEEP SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As common question of law and facts are in- volved in these two cases, therefore, they were heard analogously and are being disposed of by this common order. For the sake of convenience, facts are taken from Miscellaneous Criminal Case No.5116/2017.

(2.) The petitioner has preferred this petition un- der Section 482 of the Criminal Procedure Code, 1973 (herein after referred to as "the Code") for quashment of First Information Report (FIR) dated 19.05.2016 (An- nexure P/1) bearing Crime No.374/2016 registered at Police Station Khajrana, Indore District Indore (MP) against the petitioner and other co-accused persons for commission of offence punishable under Sections 406 , 420 , 467 , 468 and 120-B of the Indian Penal Code, 1860.

(3.) Brief facts of the case are that complainants / respondents No.2 and 3 have entered into an agreement dated 14.05.2011 (Annexure P/2) with M/s. Swastik Builders for purchase of Flat No.333, Block No.3, Shree Classic Hills, Khajrana, Tahsil and District Indore MP, [total super built up area 1112 sq. ft (103.34 sq. meter)] and paid Rs.13,30,000/- (rupees thirteen lakh sixty four thousand) as against a total consideration of Rs.21,64,000/- (rupees twenty one lakh sixty four thou- sand). The complainants / respondents No.2 and 3 have lodged FIR against the petitioner (s) and one Ankit Shri- vastava s/o Sharad Shrivastava at Police Station, Kha- jrana, District Indore (MP), alleging that after receiving the earnest money, the petitioners sold the aforesaid flat to (1) Kiran w/o Gyan Chand Satale and (2) Gyan Chand Satale s/o Tunasa Ji Satale, resident of 5/6 Vinay Apart- ment, in front of SGSITS, Indore for a total consideration of Rs.26,00,000/- (rupees twenty six lakhs) on 05.07.2014; also handed over the possession of the afore- said flat to them; and by doing this, they have committed an act of cheating with the complainants. On the basis of the aforesaid complaint, FIR bearing Crime No.374/2016 was registered at Police Station Khajrana, District Indore (MP) against the petitioner and other co-accused persons for commission of offence punishable under Sections 406 , 420 , 467 , 468 and 120-B of the Indian Penal Code, 1860; and the accused persons have been arrested on 08.09.2016 and 03.06.2016 respectively. After comple- tion of the investigation, charge sheet has been filed on 02.11.2016 before the Court of Judicial Magistrate First Class, Indore (MP).