SATPAL JAIN (THRU LRS) & ORS vs THE STATE GOVT OF NCT OF DELHI & ANR

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th January, 2025 + CRL.M.C. 4657/2017 SATPAL JAIN (THRU LRS) 1. SMT. SUSHILA JAIN W/O. LATE SHRI SATPAL JAIN 2. AJAY JAIN S/O. LATE SHRI SATPAL JAIN 3. MS. MEENU JAIN D/O. LATE SHRI SATPAL JAIN 4. MS.NEETU JAIN D/O. LATE SHRI SATPAL JAIN All residents of H.No.4, 2nd Floor, Bahubali Enclave , Delhi - 110092 .....Petitioners Through: Mr. Krishan Kumar and Mr. Shivam Bedi, Advocates. versus 1. THE STATE THROUGH STANDING COUNSEL (CRL.) 437, LAWYERS‟ CHAMBER BLOCK I, DELHI HIGH COURT ....Respondent No.1. 2. SMT. NEELAM VERMA W/O. SHRI SUSHIL SHARMA Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:22.02.2025 CRL.M.C.4657/2017 Page 1 of 10 13:20:20 R/O 3/68, GEETA COLONY, DELHI-110031 ....Respondent No.2. Through: Mr. Hitesh Vali, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) has been filed for quashing of the Order of learned ASJ dated 08.08.2017 who has set aside the Order of 16.03.2016 of Ld. ACMM directing framing of Charge and has held that there are no offences made out under Section 420/406 of the Indian Penal Code, 1860 („IPC‟ hereinafter) and thereby quashed the Complaint under Section 200 Cr.P.C. of the Petitioner. 2. Briefly stated, Sh.Satpal Jain, complainant had filed a complaint under Section 200 Cr.P.C. for the offences under Section 420/460A/406 IPC on the ground that he has entered into an Agreement to Sell dated 23.07.10 for purchasing built up Third floor portion with roof rights of property No. 115, area measuring 320 sq. yds. approx. for a sale consideration of Rs. 1,40,00,000/-. An earnest money of Rs.25,00,000/- was paid in cash and