(1.) This petition is filed seeking quashment of charge sheet against the petitioner/A3 cognizance of which was taken against him and other accused for the offence under Ss. 406 and 420 IPC.
(2.) The facts in brief as per the charge sheet are as under: a. The de-facto complainant and his brother are the owners of land to an extent of 853 square yards situated in Sy.No.42 situated at Surya Nagar Colony. They entered into development agreement with A1wherein both the parties have agreed to develop the said land into 20 flats of which A1 being developer agreed to take 12 flats towards 60% of his share, whereas the de-facto complainant would get 8 flats towards 40% of his share. Permission was taken from the municipality and construction was also started and was in progress. During the pendency of the construction, A1 had an agreement with Dr.G. Sukhdev/A2 in respect of construction of flats in the site belonging to the de-facto complainant and to that extent registered partnership deed was also executed between them on 20/6/2008. The de-facto complainant is not aware of it, as A1 continued to supervise the construction.
(3.) After registering FIR for the offences punishable under Ss. 448, 420, 406, 467, 120B, 384 IPC read with 34 IPC, police completed the investigation and filed final report stating that the dispute between the parties is civil in nature.