The court emphasized the limited circumstances in which an FIR/complaint can be quashed, as per the principles laid down by the Hon'ble Apex Court.

JUDGMENT

Swarana Kanta Sharma, J. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C.") has been filed by the petitioner seeking quashing of FIR bearing no. 371/2019registered at Police Station (PS) Pandav Nagar, Delhi for the offences punishable under Sections 420/406/34 of the Indian Penal Code, 1860 (hereinafter "IPC").

2. The case of the petitioner is that the respondent no. 2 along with his wife approached the petitioner in Guntur, Andhra Pradesh, who was carrying real estate venture at Guntur District, for booking plot measuring 150 Sq. yards for his wife by way of accepting the terms and conditions attached to it. Thereafter, the respondent no. 2 again booked a plot with the company of the petitioner in Guntur, Andhra Pradesh of a plot size measuring 200 Sq. yards also filled an application form accepting the terms and conditions attached to it. The payment for the said plots was made accordingly and the details relating to same were mentioned in the passbook. However, the payment was not made as per the schedule and the terms and conditions agreed upon due to which dispute arose between the petitioner and respondent no. 2. Complaint was filed by respondent no.2 based on which abovementioned FIR was registered against petitioner at PS Pandav Nagar, Delhi for the offences punishable under Sections 420/406/34 of IPC.

3. Learned counsel for petitioners states that respondent no. 2, in the year 2017, had taken another plot in name of his uncle and the formalities regarding registration etc. had been executed in his favour as per wishes of respondent no. 2. When petitioner had demanded development charges etc. from respondent no. 2 for the purpose of transferring the same in his name, respondent no. 2 lodged the present FIR which is false and baseless. It is also stated by learned counsel for petitioner that a police official had visited the hometown of petitioner at Guntur, Andhra Pradesh and had threatened to arrest him in case the amount due towards respondent no. 2 was not returned or refunded with interest.

4. Learned counsel for petitioner further states that since the police is biased towards the petitioner and the dispute is purely civil in nature, the contents of the FIR itself does not disclose any criminal offence, the FIR be quashed. It is also stated by learned counsel that as per the agreement of sale made between the petitioner and respondent no. 2, the petitioner is still willing to fulfil his part of contract by providing the plot as was agreed upon between the parties.

5. The learned counsel for respondent no. 2, on the other hand, stated that the petition is running a real estate venture at Guntur, Andhra Pradesh who had promised him in July, 2014 that he was purchasing 50 acres of land in Delhi at Najafgarh and was going to divide the said land into plots measuring 1500 Sq. yards. It is alleged by respondent no. 2 that the petitioner had requested him to purchase the land at the rate of 5,500/- Rupees per Sq. yard and had further told him that he could make payment on monthly instalments. Respondent no. 2 was also promised by petitioner that on completion of entire payment, the plot will be transferred and registration of the same will be done in the favour of respondent no.2. It is argued by counsel for respondent no. 2 that allured by the petitioner's offer, payments were made in the name of wife of respondent no. 2 from 03.08.2014 till 06.09.2017 and an amount of Rs.16 lakhs was paid. Also, passbooks were issued by the petitioner in the name of respondent no. 2 and in the name of wife of respondent no. 2. A total sum of Rs.22 lakhs from respondent no. 2 and his wife had been obtained. It is also stated that in the passbook, in the terms and conditions, it was mentioned that plots will be surrounding Guntur, Andhra Pradesh. Respondent no. 2 had questioned him that he had promised to be given plots in Delhi, however, the passbook shows plots in Guntur,