JUDGEMENT
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(1.) Leave granted.
(2.) These appeals are directed against the final judgment
and order dated 30.07.2010 passed by the High Court of Delhi
at New Delhi in Crl.M.C. Nos. 3376 & 3375 of 2009 whereby
the High Court rejected the prayer of the appellants herein for
quashing the summoning order dated 16.01.2009 passed by
the Metropolitan Magistrate in FIR No. 290 of 2002 registered
at Police Station, Okhla Industrial Area, New Delhi under
Section 420 of the Indian Penal Code, 1860 (hereinafter
referred to as the IPC ).
(3.) Brief facts:
a) The present cases pertain to a property dispute regarding
distribution of the assets left behind by late Shri Gulshan
Kumar (of T-Series fame). On 19.02.1998, a handwritten note
was executed between the appellants and Respondent No. 2
wherein distribution of certain assets and shares in different
companies was provided for. Subsequently, on 21.02.1998, a
fresh agreement was entered into between the appellants and
the Respondent No. 2 which superseded the handwritten note.
b) However, disputes arose soon after the above said second
agreement dated 21.02.1998, giving rise to multifarious
litigations at the behest of Respondent No. 2 which are
presently pending adjudication before the High Court.
c) However, after 4 years, due to non-materialization of the
agreement dated 21.02.1998, the Respondent No. 2 got
registered the present FIR under Section 420 IPC against all
the other signatories to the said agreement wherein only one of
the signatory was a party to it. For quashing the said FIR, the
appellants herein filed Crl.M.C. No. 59 of 2005 before the High
Court.
d) On being informed by the State that chargesheet has
been filed before the Magistrate, the High Court disposed of
the Crl.M.C. No. 59 of 2005 vide order dated 30.03.2009 giving
liberty to the appellants to take appropriate steps in case they
are summoned.
e) By order dated 16.01.2009, the Magistrate summoned
the appellants herein. Challenging the said summoning order,
the appellants herein filed Criminal M.C. Nos. 3376 and 3375
of 2009 before the High Court.
f) By the impugned order dated 30.07.2010, the High Court
rejected the prayer of the appellants for quashing the
summoning order passed by the Magistrate. Aggrieved by the
said order, the appellants have filed these appeals by way of
special leave before this Court.;
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