- (1.) Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.55 dated 09.03.2012, under Sections 406/420 IPC, registered at Police Station Chandimandir, District Panchkula along with consequential proceedings, arising out of it.
(2.) Brief facts of the case are that the complainant had returned from abroad and had purchased 10 Bighas land at Jamley Post Office, Kali Hatti, Tehsil Kali Hatti, District Shimla with the purpose to start Eco Tourism in collaboration with Himachal Tourism Department. For that purpose, the complainant was in need of Naksha Naveez, regarding that, petitioner approached the complainant to prepare a site plan of the land for construction of building. As a result of it, they developed family relations. On 07.01.2011, petitioner Inder Dutt Sharma along with his wife' Sunita Sharma came to the house of the complainant at Panchkula and said that they are in need of money for establishing a factory and received Rs. 7 lacs (5 lacs through bank draft and Rs.2 lacs in cash) and executed an agreement that if he is not in a position to return back the money, he will get register the plot comprised in Khatoni No. 228/A-3, Khasra No. 3369 (Old Khasra No. 557/549/224/5) measuring 193.50 sq. meter, which is situated in Mugal Pateog, Shimla in the name of the complainant and gave a copy of jamabandi bearing No. 929/2010 on 24.05.2010 by saying that it is the original jamabandi. Being a close friend and trusting the words of the petitioners, the complainant gave Rs. 7 lacs at his residence and got executed an agreement dated 08.01.2011 at Panchkula Court. Later on, it came to the notice of the complainant that Inder Dutt Sharma had already created a charge over the said plot (property) by mortgaging the property by deposit of title deed and had received a loan from the Bank. On one pretext or the other, the petitioner-Inder Dutt Sharma told the complainant that he is setting up a factory at Baddi and he would keep the complainant as a partner in equal share and also showed the factory, which was closed and won the trust of the complainant that the owner of the said factory is in need of money. The complainant believed on his words and on 10.02.2011, gave Rs.25 lacs in the presence of Darshna Devi and in token of that, petitioner no.1 gave a writing on the back of the agreement dated 08.01.2011. On 29.03.2011, Inder Dutt Sharma again approached the complainant and told that the sale deed of the factory at Baddi is to be executed for which there is a shortage of Rs. 5 lacs. It was told to the complainant that there were large number of customers for the factory and after selling the same, he would return Rs. 30 lacs upto 10.04.2011 and the rest amount will be paid soon. In all, Rs. 40 lacs were taken from the complainant and an agreement was executed.
(3.) Both the petitioners in connivance with each other being husband cheated the complainant, as a result of which the complaint was moved on the basis of which the impugned FIR has been lodged. Hence, this petition for quashing of the said FIR. ;