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2009 Supreme(Del) 1042

MOOL CHAND GARG
SUNIL KAPOOR – Appellant
Versus
STATE – Respondent


Advocates appeared
Mr. Mohit Mathur & Mr. V.S.Panwar, Advocates
Ms. Santosh Kohli, APP for the State

Judgment

MOOL CHAND GARG,J

1. This order shall dispose of a petition filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India seeking quashing of the complaint titled as “Har Raj B. Singh Vs. Sonia Kapoor & Anr.” pending in the Court of M.M., New Delhi and the consequent proceedings arising therefrom.

2. Briefly stating, the facts giving rise to the filing of the present petition are as follows:

i) On the basis of an agreement alleged to have been entered into between the parties for the sale of a plot

No.18A, J-Block, Sainik Farms measuring 1200 sq. yards being part of Khasra No.12/24, Village Devli, in 1991 a civil suit bearing No. 2999/1991 was filed by the complainant seeking specific performance of the aforesaid agreement against Sonia Kapoor the wife of the petitioner and Janki Kapoor the purchaser of the suit property prior to the execution of the alleged agreement on the allegations that the petitioner and the other co-accused person were not executing a sale deed in their favour despite receiving a sum of Rs.4,00,000/- as per the receipt dated 04.08.1991. An application for injunction (IA No. 10423/91) filed along with suit seeking injunction order




























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