Delhi High Court - Orders
Rishi Raj Sharma & Anr vs Deepak Sharma on 28 April, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1306/2021
RISHI RAJ SHARMA & ANR. ..... Petitioners
Through : Mr.Amit Arora, Advocate.
versus
DEEPAK SHARMA ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 28.04.2021
1. The hearing has been conducted through Video Conferencing.
Crl.M.A.No.6716/20212. Exemption allowed, subject to all just exceptions.
3. The application stands disposed of.
CRL.M.C. 1306/2021 & Crl.M.A.No.6715/2021
4. Petitioners file this petition for quashing of the Criminal Complaint No.49203/2016 and also against the summoning order dated 10.02.2021 passed by the learned Trial Court in the case filed by respondent against them. The petitioners have been summoned for the offence under Section 406/420/448/506/34 IPC for 05.07.2021.
5. On 07.05.1971 a plot of land admeasuring 230 sq. yards bearing Plot No.244, Block F, Lakshmi Nagar, Delhi was jointly purchased by petitioner No.1, namely, Rishi Raj Sharma alongwith his two elder brothers, namely, Nafai Singh Sharma and Bhop Raj Sharma.
6. It was constructed and the petitioner alongwith his wife and family started living there. It appears during his lifetime on 27.11.1986 Bhop Raj Sharma executed an Affidavit dated 27.11.1986 and thereby relinquished his rights, title and interest in respect of 1/3rd share in the said plot in favour his brother, viz. the petitioner though no registered Relinquishment Deed was Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:28.04.2021 15:20 executed. On 30.07.2004 Bhop Raj Sharma expired intestate leaving behind his wife Kiran, son Deepak and daughter Priya.
7. It is alleged on 29.10.2007 the respondent-Deepak and his sister Priya executed registered Relinquishment Deed thereby relinquishing their rights and interest in the abovementioned property in favour of their mother, Kiran and as such she became the owner of 1/3rd share in the property in place of her deceased husband, Bhop Raj Sharma. On 17.12.2007 Nafai Singh Sharma, Kiran and Petitioner No.1 jointly executed sale deed and thereby sold 64.09 sq.m. (76.66 sq. yards), i.e., 1/3rd portion of the said flat in favour of Shri Ravinder Kumar and his wife Smt. Shefali Jain. The total sale consideration was equally divided among Nafai Singh Sharma, Kiran and Petitioner No.1. On 20.12.2007 Nafai Singh Sharma, Kiran, Deepak- respondent and Priya all executed a registered Relinquishment Deed thereby relinquishing their title, rights and interests in respect of remaining portion of the said property in favour of Petitioner No.1, hence petitioner No.1 became the absolute owner of the property. After executing the Relinquishment Deed dated 20.12.2007, Nafai Singh Sharma moved to Maharashtra permanently and Kiran alongwith Priya and Deepak-respondent shifted to Panipat permanently.
8. On 10.02.2008 since Bhop Singh Sharma had already died, the petitioners herein helped Kiran in the marriage of their only niece Priya and paid Rs.5 lakhs to Kiran and Deepak-respondent. On 20.09.2010 Nafai Singh Sharma died at Maharashtra.
9. It is submitted in April, 2012 respondent-Deepak and Priya started raising dispute as to the execution of Relinquishment Deed dated 20.12.2007 and threatening the petitioners to vacate the portion of the said property. It is Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:28.04.2021 15:20 submitted that respondent-Deepak had alleged that mortgaged their share in the property with the petitioner No.1 and for this reason the petitioner No.1 had given loan of Rs.5.00 lacs to them. In order to secure the repayment of the same, they executed mortgage deed, but Petitioner No.1 fraudulently managed to get the Relinquishment Deed executed and registered and he came to know about the fraud only when he obtained a copy of the same from the Sub-Registrar office filed an application under Section 156(3) Cr.P.C. and got the FIR registered. Thereafter the petitioner was summoned by the learned MM.
10. It is stated by learned counsel for the petitioners that they are the absolute owners of the said property as the respondent and his sister Priya had already relinquished their share in the property after the death of their father in favour of her mother Kiran, who thereafter executed registered Relinquishment Deed in 2007 in favour of petitioner No.1.
11. It is stated that after about 10 years of the execution of the Relinquishment Deed the respondent had again started agitating and the dispute is even barred by limitation.
12. It is submitted the respondent had not even filed a civil suit for cancellation of Relinquishment Deed registered in the year 2007 and instead by manipulating the facts have got the FIR registered.
13. Issue notice to the respondent through all modes/email and whatsapp returnable on 26.08.2021.
YOGESH KHANNA, J.
APRIL 28, 2021 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:28.04.2021 15:20