MANGESH S.PATIL,J. - (1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of parties.
(2.) This is a Petition invoking the powers of this Court under Section 482 of Cr.P.C. for quashing of FIR bearing No.281/2017 registered with Kranti Chowk Police Station, Aurangabad on a complaint lodged by respondent no.2 for the offences punishable under Sections 420 , 464 , 468 , 471 read with 34 of IPC .
(3.) Shorn of details, the allegations in the FIR are to the effect that the respondent no.2 owned and possessed property bearing CTS No.19280 situated at Hamalwadi Railway Station, Aurangabad. The petitioners are developers and entered into an agreement with respondent no.2, for developing the property. An agreement was entered into on 1/6/2007 and as per the agreement, the petitioners had agreed to allot to the respondent no.2 Flats no.1,3,6 and 8 and Shops no.2,4 and 6 from the building to be constructed. They also agreed to pay her Rs.Ten lakhs in addition to such allotment of flats/shops. It is alleged that respondent no.2 realized that the shops were not constructed in accordance with approved building permission granted by the Municipal Corporation. It was revealed that the Municipal Corporation had issued notice to the petitioners for demolition of one of the shops since it was constructed in a margin portion. Actually Shop no.6 appearing in the approved plan was sold to third persons and by deceiving the respondent no.2, shop no.5 was allotted to her contrary to the terms and conditions of the agreement. Thus, by not carrying out construction according to the building permission and as per the terms and conditions of the agreement entered into between petitioners and respondent no.2, the former have cheated the latter.;