The present application has been filed under section 482 of the Criminal Procedure Code for quashing the process issued on 21.7.2006 against the applicants i.e. the accused Nos.4 to 10 in complaint case No.97/SS/2006 pending before the Special Metropolitan Magistrate, 49th Court, Borivali.

2. The undisputed facts in this case are as follows: Applicant Nos.1 to 6 are the trustees of applicant No.7 trust which is a charitable trust. On 11.7.1978, the trust entered into an agreement with Jasmine Builders Private Limited (for short, hereinafter referred to as ‘Jasmine builders’) to lease a plot of land alongwith the structures standing on it for a period of 50 years. One building on that property had already been leased to a third party and, therefore, it was provided in the agreement that when the lessee vacates that part of the land on which the structures leased to him were erected, Jasmine builders would be leased that land as well. Thereafter, on 28.9.1985, the trust agreed to sell the property to Jasmine builders subject to the approval of the Charity Commissioner. The Charity Commissioner accorded approval for the sale of the plot on 10.2.1989. In the meantime, i.e. on