- (1.) The present application under Section 482 CrPC has been filed with the prayer to quash the charge sheet No. 0464 of 2015 dated 3.10.2015, arising out of Case Crime No. 0407 of 2015, under Sections 120-B, 420, 467, 468, 471, 504, 506 and 323 IPC, Police Station New Agra, District Agra and entire proceedings arising out of the same in Case No. 58073 of 2015, pending in the court of Chief Judicial Magistrate, Agra. Further prayer has been made to quash/set aside the order dated 19.10.2015 passed by the Chief Judicial Magistrate, Agra and to stay the entire proceedings in the aforesaid case and to keep the non-bailable warrant in abeyance.
(2.) From the averments made in the application and its accompanying affidavit, it appears that the husband of the opposite party no. 2 executed agreement to sell in favour of one Smt. Radha Jain, a member of Radha Swami Trust, Agra for sale of a flat situated at New Delhi. The consideration amount was Rs. 3,50,00,000/- and at the time of agreement, Rs. 5,00,000/- was given as earnest amount. In the year 2005, Bishan Avtar Tiwari was seriously ill and was admitted in Batra Hospital, New Delhi. It is also the case of the prosecution that on 26.12.2005 at about 8 p.m., while Bishan Avtar Tiwari was semiconscious, Smt. Radha Jain, Jugal Kishor Ratnu (the applicant) alongwith other people went at Batra Hospital and got some documents signed. In connivance with the Sub-Registrar, Mehrauli-V got the power of attorney registered on 30.12.2005. On the basis of said power of attorney executed in favour of Smt. Radha Jain, which was not registered, a sale-deed dated 28.12.2005 was illegally executed by Smt. Radha Jain. Witnesses of the said sale-deed were Vijai Kumar and Smt. Rekha Ratnu. It is also the prosecution case that as per the said sale-deed, Smt. Radha Jain had given only Rs. 1,20,60,000/- against total consideration amount of Rs. 3,50,00,000/-. It is also the case of the prosecution that on 12.4.2015 when the complainant was going in a Rikshaw at 6.00 p.m. from her house for Satsang to Mandir and when she reached near Samadhi Mandir, one Manoranjan Sheel stopped a car in front of the Rikshaw and thereafter Jugal Kishor and Vijay Kumar came out of car having some typed papers in their hands and they started misbehaving with the complainant and extended threat for life. When the complainant refused to sign the said papers, they forced her to sign the same. However, on seeing a crowd gathering, abusing her, they ran away from the said place. It is also the case of prosecution that the said power of attorney was obtained as a result of conspiracy to cause the financial loss to the complainant with a view to usurp the property in question by illegal means. An F.I.R. was lodged at P.S. concerned on the basis of said complaint showing place of occurrence at Samadhi Mandir, P.S. New Agra, District Agra and also at Mehrauli, New Delhi.
(3.) It is also the case of prosecution that the applicant had filed a civil suit bearing CS (OS) No. 1688 of 2006 in the Delhi High Court seeking relief for possession of first floor of the said property. The High Court passed an injunction order in favour of the applicant. The opposite party No. 2 filed her written statement in the said suit and denied the signatures of her husband on the alleged agreement to sell. The said suit is pending. The opposite party no. 2 and her daughter filed another civil suit bearing CS(OS) No. 2238 of 2009 before the Delhi High Court, which is also pending. The applicant has filed his written statement in the said suit. It is also evident from the record that Civil Suit filed on behalf of the opposite party no.2 was for relief of cancellation of the said power of attorney and sale-deed, which is still pending. F.I.R. lodged on behalf of the opposite party no.2 at Delhi was investigated by the authority concerned and closure report was filed. During course of argument, it was disclosed by the learned counsel for the parties that closure report filed by the Investigating Agency was accepted by the court concerned but the said order was challenged before the Delhi High Court and the Delhi High Court allowed the same rejecting the order passed by the court concerned. The court concerned proceeded to record evidence under Chapter XV of the CrPC. The opposite party no. 2 lodged a First Information Report under Sections 120-B, 420, 467, 468, 471, 504, 506 IPC at Police Station New Agra, District Agra against the applicant and after investigation, the aforesaid charge sheet has been filed against the applicant and the Chief Judicial Magistrate, Agra took the cognizance of the offences and issued non-bailable warrants against the applicant, hence the present application.;