The court's decision established the principle that a second FIR in respect of an offence or different offences committed in the course of the same transaction is impermissible and violates Article 21 of the Constitution.

JUDGMENT

Tejinder Singh Dhindsa, J. - This case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

2. This order shall dispose of CRM-M-14814 of 2020 titled as Trilok Chand @ Trilok Kumar Choudhary and another versus State of Haryana and another and CRM-M-18458 of 2020 titled as A.K. Sharma @ Ashok Kumar Sharma versus State of Haryana and others , as both these petitions have been filed under Section 482 Cr.P.C and seek quashing of FIR No.175 dated 22.05.2020 under Sections 406 and 420 of the Indian Penal Code registered at Police Station Karnal Civil Lines, District Karnal.

3. An overview of the impugned FIR would be necessary at the outset.

4. Fir has been registered on the complaint of Ajay Kumar Vashistha, authorised representative of M/s Homestead Infrastructure Development Private Limited, M/s Asia Pacific Development Private Limited and M/s Jindal Buildtech Private Limited i.e. complainant companies. Petitioners in these two connected petitions are specifically named as accused apart from others. Allegations are that the accused persons including the petitioners herein hatched a conspiracy in connivance with each other and have committed fraud with the complainant party and thereby grabbing a sum of rupees twenty eight crores. It is alleged that one Manoj Srivastava official of the complainant company introduced the accused persons with the owners of the complainant company in September 2011 at Karnal. The accused claimed that they were having 105 acres of land at Village Anangpur, Sector 39, Faridabad and such land was ideal for housing and commercial projects. A proposal in such regard was put forth to which the complainant company agreed and paid a sum of rupees two crores to the accused party. A MOU was also executed in this regard on 12.10.2011. The terms and conditions of MOU were not complied with and with a motive to grab the money already paid, a second proposal was put forth before the complainant company as per which accused party was having ownership rights over land measuring 22 acres situated at Village Mewla, Maharajpur, Sector 43, Faridabad and such land was also suitable for housing and commercial purpose. It is asserted that to give effect to such second proposal, three agreements were entered into with the accused through their company namely M/s Dream Green Land Realtors Private Limited. The three agreements were dated 14.03.2012, 15.03.2012 and 13.08.2012. In pursuance thereto a further sum of rupees 14 crores was paid and the details of which have been furnished in the FIR. Complainant party alleges that there was dishonest intention and it came to light that the entire land was forest land and upon which construction could not be effected. At such stage, demand was raised to refund the entire amount paid and the accused in furtherance of the conspiracy hatched put forth yet another i.e. 3rd proposal that they will make available land measuring 300 acres in Rajasthan, situated at Village Udaisinghpura and Bakshipur, Tehsil Neem Ka Thana, District Sikar, Rajasthan. It is alleged that this time again Manoj Srivastava, employee of the complainant company was an active participant in the conspiracy and who facilitated the entering into another fresh agreement with fake company under the name and style of Rossery Promoters Private Limited and complainant company namely M/s Homestead Infrastructure Development Private Limited. In this regard a further sum of rupees two crores was paid at Karnal Haveli. Subsequently, complainant party became aware that the accuse /their company was having only 40 acres of land which is situated at village Village Udaisinghpura. Fake documents had been prepared pertaining to the 300 acres of land and its ownership. Complainant party at that stage approached Commissioner of Police, Faridabad and a compromise dated 30.04.2016 was entered into with the accused party. In terms of the compromise tw