- (1.) Heard Sri Anoop Trivedi, learned counsel for the applicants, Sri Atul Mehra, learned counsel for the opposite party No. 2 and Sri Nitin Srivastava, learned A.G.A. for the State. All these three applications filed under Section 482 Cr.P.C. are being decided by this Court by a common order as the prayer made in the aforesaid applications by the applicants is for quashing the proceedings of case No. 14116 of 2012 as well as order dated 23.7.2012 passed by C.J.M., Ghaziabad in the aforesaid case arising out of case crime No. 1023 of 2010, under Sections 420, 467, 468, 471 I.P.C., P.S. Indrapuram, District Ghaziabad, pending in the Court of C.J.M., Ghaziabad.
(2.) The prosecution story as alleged in the First Information Report is that opposite party No. 2 Sri Harprit Singh is Marketing Executive of M/s. V.X.L. Realtors Private Limited which runs the business of real estate through him and also has its working site at G.H.-3, Sector 4-C, Vasundhara. It is alleged that applicant No. 2, Bharat Bhushan Sharma, who is Director of M/s. B.K. Buildcon Private Limited alongwith other Directors namely, applicant No. 1 Smt. Kamlesh Sharma, Dinesh Kumar having their registered office 50 B.M., Compound, G.T. Road, Ghaziabad through agent Sanjay Kohli, r/o 171, 2nd Floor, Main Road, Vigyan Bhawan, Delhi approached to the office of opposite party No. 2 at G.H.-3, Sector 4-C, Vasundhara for sale of some plots in the year 2007, bearing Khasra No. 1899, 1900, 1907, 1908, 1909, 1910, 1921 and 1922 having total area of 34181 Sq. Yards out of which opposite party No. 2 expressed its desire to purchase 30,000 Sq. Yards land situate at National Highway-24 for a sum of Rs. 10 crores and for which an agreement to sale was also executed between them on 12.1.2007 at Vasundhara office and said agreement to sale was valid upto 26.6.2007. It was agreed between the parties that after the said agreement Rs. 4 crores would be given by the opposite party No. 2. Further, another an agreement to sale was executed between the parties on 28.9.2007 for purchase of the said land as the accused persons have raised price of the said plots and demanded Rs. 12,40,00,000/- to which he agreed. By the said agreement, it was further agreed that the sale-deed would be executed of the plots by 28.2.2008 between the parties for which opposite party No. 2 gave Rs. 5,47,75,000/-to them. In the said agreement, it was mentioned that the plots were free from all encumbrances. Two sale-deeds were also executed with respect to the plots in question by the parties on 16.10.2007 and 13.11.2007. In December 2007, the opposite party No. 2 seeing the activities of National Highway Authority came to know that accused persons who were Directors of M/s. B.K. Buildcon Private Limited has cheated him as the plots in question have already been acquired by National Highway Authority of which accused persons had prior information. The opposite party No. 2 further came to know for the first time that a notification has also been issued by the Government for acquiring the said plots on 30.11.2006 and 7.2.2008. It was further alleged that accused persons have cheated knowing the fact that the plots in question have already been acquired by the National Highway Authority and had concealed the said fact and had executed the agreement to sale and two sale-deeds by causing wrongful loss to the opposite party No. 2 to the tune of Rs. 5,47,75,000/-.'
(3.) The F.I.R. was lodged against the applicants by opposite party No. 2 on 8.5.2010 at case crime No. 1023 of 2010, under Sections 420, 467, 468, 471 I.P.C., P.S. Indrapuram, District Ghaziabad.;