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2024 Supreme(Online)(DEL) 30689

HIGH COURT OF DELHI
SANJAY KUMAR GAUR & ANR. – Appellant
Versus
STATE GNCT OF DELHI & ORS. – Respondent


JUDGMENT

1. By way of present petition, the petitioners seek quashing of the order dated 04.01.2023 passed by learned ASJ, Patiala House Courts, New Delhi in Cr. Rev. No. 108/2022 titled “SANJAY KUMAR GAUR & ANR vs STATE & ORS” whereby the learned ASJ has upheld the Order of the learned Additional Chief Judicial Magistrate (ACJM) dated 22.02.2022 dismissing the petitioners’ application under Section 156(3) Cr. P.C.

2. Briefly stated, the petitioners/complainants claim to be the joint owners of the agricultural land measuring 43.10 acres situated at village Signature Not Verified Digitally Signed CRL.M.C. 2191/2023 Page 1 of 7 Durina/Dulina, Tehsil Jhajjar, Haryana. The petitioners entered into Agreement to Sell dated 25.04.2019 (hereafter, the ATS) with M/s Dalmia Ram Rattan Strategic Investment LLP/respondent No. 7 for an advance consideration of Rs. 4.72 crores out of a total sale consideration of INR 1,10,00,000 per acre of land and the balance sum was to be paid on execution of sale deed. However, due to lack of funds, the sale could not be completed within the stipulated period. Consequently, the petitioners terminated the said agreement and forfeited the advance received. It wa

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