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2017 Supreme(MP) 511

G.S.AHLUWALIA
Keshav Upadhyay – Appellant
Versus
State of M. P. – Respondent


Advocates:
Arun Dudawat for applicant; Prakhar Dhengula, Panel Lawyer for respondent No.1/State; Sanjeev Jain for respondents No.2 and 3

ORDER

1. This petition under section 482 of CrPC has been filed for quashing the FIR at Crime No.683/2015 registered by Police Station Morar, District Gwalior for offences punishable under sections 420, 467, 468, 471 and 34 of IPC.

2. The prosecution story in short is that the applicant is an employee of M/s. Assotech C.P. Infrastructure Pvt. Ltd. and is serving as Manager and he has to perform his duty as per the directions given by the superior authority.

M/s. Assotech C.P. Infrastructure Pvt. Ltd. is a Private Limited Company engaged in the business of construction of housing duplexes in the name of Windsor Hills in City Gwalior. Villa No.A-4 was allotted to the respondents No.2 and 3 by the company vide allotment letter dated 8.11.2011 for consideration of Rs.1,06,60,000/-. At the time of allotment, the terms and conditions in detail were also agreed upon between the parties. Respondents No.2 and 3 were under obligation to make payment of price money of the Villa as per the installments fixed in the allotment letter, however, they failed to honor their part of contract. Respondents No.2 and 3 obtained home loan facility from Diwan Housing Finance Ltd. and a tripartite agreemen











































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