VAIBHAV JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners by way of the present petition under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 are seeking quashing of the FIR No. 449 dtd. 6/8/2024, under Ss. 406 and 420 of Indian Penal Code, 1860, registered at Police Station Suraj Kund, District Faridabad.

(2.) The controversy involved in the present case is that the petitioners are Directors in a company i.e. Rise Projects Private Limited and the said Company was undertaking the construction of a Group Housing Project in which the complainants and their property dealing company had booked three flats as an investment. A complaint was lodged by the complainants i.e. respondents Nos.2 to 5 (arrayed in the petition) against the persons namely, Vaibhav Jain and Swati Jain (petitioners herein). The complainants alleged that in 2013 relying on the false assurances and representations made by the petitioners, they proceeded to book their apartments in the project. Acting in good faith and on the basis of promises made, the complainants made substantial payment amounting to about 87% of the total cost of the apartment in installments over time. These payments were made despite the absence of tangible progress in the projects developed as the petitioners continued to provide misleading information about the status of construction and delivery timeline.

(3.) It has been argued by the learned Senior counsel that the impugned FIR is illegal, unsustainable and an abuse of the process of law, as the same has been lodged to settle a civil dispute by way of blackmailing the petitioners on the pretext of the criminal justice system and in the first instance deserves to be quashed on the following grounds:-