Amar Singh Chauhan, J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) The applicants, Deepak Singhal and five others, through this application moved under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 18.2.2009 in Case No. 18320 of 2009, arising out of Case Crime No. 298 of 2008 under Sections 420, 467, 468, 471 I.P.C., Police Station Indirapuram, District Ghaziabad and further prayed to stay the further proceedings in the aforesaid case crime.
(3.) Brief facts which give rise to the adjudication of the application are that an FIR was lodged with the allegation that applicants along with other office bearers and associates of Jeevan Beema Rastriya Sahkari Awas Samiti Ltd., fraudulently increased the price of the flats already allotted to the opposite party no. 2 and without giving him opportunity created third party right in respect of the same. The opposite party no. 2 had applied for allotment of house as a member of the Society and he was allotted the house. Subsequently, Costing Committee known as Dahiya Committee was set up for looking into the construction of houses and their size etc. On the recommendation of the said Committee flat area was increased and, therefore, corresponding price of the flat was re-determined and the member was required to pay the enhanced price. Notice was issued to the opposite party no. 2 to make payment on the enhanced rate who declined to do so and the dispute was raised before the Registrar, Cooperative Society under Section 70 of the Cooperative Society Act. It is further submitted that opposite party no. 2 filed the civil suit. The opposite party no. 2 has also filed Arbitration Case No. 77 of 2007-08 which was decided in favour of society and vide cheque no. 455390 dated 7.3.2005 the amount of Rs. 7.05 lacs was refunded in favour of the opposite party no. 2 and also credited to her account. It is also submitted that present matter is purely civil in nature but the opposite party no. 2 is misleading and the applicants are being harassed for no fault committed on their part, since the opposite party no. 2 already received the payment of Rs. 7.05 lacs from the Society through cheque no. 455390 on 7.3.2005 and further sum of Rs. 4.71 lacs to SBI against the loan amount as per the instructions of the bank. It is also submitted that the Principal Secretary, U.P. Government vide letter dated 07.4.2015 issued the direction in the similar matter which is as follows: [1] "It transpires from paper book that FIR was lodged by the allottee of flats whose flats were cancelled by the Housing Society. Mr. V.K Chaudhary was Joint/Deputy Housing Commissioner, against whom the civil police has not filed the charge sheet as nothing found against him. Later on matter was transferred to S.I. who seeks prosecution sanction. In any case, the cancellation or non-cancellation of flats is the administrative exercise and there is no allegation that the cancellation of flats was due to some ulterior motive. It is also significant notice that on similar matters even the High Court has intervened by observing that the cancellation of flats is a dispute of civil nature and does not fall under the ambit of Criminal law. In this background, the prosecution will be nothing to abuse of powers resulting in harassment to the alleged accused persons." [2];