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M/S Mso Infrastructure Pvt Ltd vs State Of Nct Delhi on 13 July, 2021

Author: Subramonium Prasad

Bench: Subramonium Prasad

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 1495/2021 & CRL.M.A. 10378/2021
       M/S MSO INFRASTRUCTURE PVT LTD                      ..... Petitioner
                          Through       Mr. Nikhil Malhotra, Advocate

                          versus

       STATE OF NCT DELHI                                 ..... Respondent
                     Through            Mr. Amit Chadha, APP
                                        Mr. Mahendra Pratap, Advocate for
                                        the respondent No.2.

    CORAM:
    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
            ORDER

% 13.07.2021 HEARD THROUGH VIDEO CONFERENCING CRL.M.A. 10379/2021 (Exemption) Allowed, subject to all just exceptions.

1. This petition under Section 482 Cr.P.C is for quashing FIR No.162/2019, dated 14.03.2019 registered at Police Station Uttam Nagar, for offences under Sections 420/34 IPC.

2. The learned counsel for the petitioner states that the agreement to sell was entered into between the parties on 29.12.2015, for sale of property bearing No.284, land measuring 198 sq. yds., out of khasra No.792 situated in the revenue estate of Village Nawada, Delhi, area abadi known as colony Om Vihar, Uttam Nagar, for a total consideration of Rs.l,40,00,000/- (Rupees one crore and forty lakhs only). He states that out of the total sale CRL.M.C. 1495/2021 Page 1 of 2 consideration the petitioner has received Rs.30 lakhs on 29.12.2015 and subsequently an amount of Rs.5 Lakhs on 15.02.2016. He states that because of the failure of the complainant to pay the balance amount of money, the petitioner cancelled the agreement to sell and filed a suit being CS No.470/2017 for declaration that the agreement to sell dated 29.12.2015 has been cancelled and for permanent injunction restraining the defendant, his legal representatives, agents, assignees or transferees, alienating or creating any third party interest in the suit property against the complainant.

3. The material on record shows that on the directions of the learned ACMM, Dwarka, FIR No.162/2019, dated 14.03.2019 was registered at Police Station Uttam Nagar, for offences under Sections 420/34 IPC.

4. The learned counsel for the petitioner states that it is purely a civil dispute which is being given colour of criminality.

5. Issue Notice.

6. Mr. Amit Chadha, learned APP for the State accepts notice. Mr. Mahendra Pratap, learned counsel accepts notice on behalf of respondent No.2 and seeks time to file reply.

7. Let the reply be filed within three weeks.

8. List on 16.08.2021.

9. In the meantime the investigation in the FIR No.162/2019, dated 14.03.2019 registered at Police Station Uttam Nagar, for offences under Sections 420/34 IPC is stayed till the next date of hearing.

SUBRAMONIUM PRASAD, J JULY 13, 2021 Rahul CRL.M.C. 1495/2021 Page 2 of 2