ORDER

The applicants have filed the present M.Cr.C. under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of F.I.R. registered at Crime No.34/2021, Police Station – Aerodrome, District – Indore for commission of offences punishable under Sections 420, 406, 467, 468, 471, 506, 34 of the India Penal Code.

02. As per the prosecution story, the complainant – Sanjay Kodwani lodged a written complaint at Police Station – Aerodrome, Indore against Roshan Lalwani, his wife, and son namely Sarita Lalwani and Sourabh Lalwani (the applicants) alleging that on 20.02.2012, they came to Indore at his house and informed about their development projects of colonies and resorts in Delhi, Udaypur and Mount Abu.

Roshan Lalwani said that he is willing to start the project in Indore City also. He did agree to invest in their project with the hope of getting handsome returns. After consultation with relatives and friends, he gave Rs.50,00,000/- to the Lalwani family. Thereafter from 2012 – 2016, he invested a further amount from time to time by taking loans from relatives and friends. According to the complainant from the year 2012 up to 2016, he gave approximately Rs.2,30,00,000/- to Lalwanis’. He waited upto the year 2017. When no project was started, then he demanded his money back from them.

03. It is further alleged that in the year 2018, Roshan Lalwani instead of returning the above amount gave an offer to sell the land bearing Survey No.35 area 5.730 hectares (14.15 acre) situated at Village – Chhota Bagdada, Tehsil & District – Indore, . The complainant agreed to his proposal and entered into an agreement to sell in which he admitted to receipt of Rs.2,30,00,000/- from him. After execution of the aforesaid agreement, he avoided executing the sale deed, later on, the complainant came to know that the aforesaid land is a Government land.

On the above allegations, the police registered the FIR against the present applicants and Roshal Lalwani. Hence this petition seeking quashment of F.I.R. is filed.

04. Learned counsel for the applicants submits that the applicants and complainant are close relatives. The dispute is purely civil in nature. The applicants are neither the signatories nor the witnesses of the agreement to sale dated 27.08.2018. If the same is not honored, then the complainant has the remedy to file a suit for specific performance of a contract or he may file a suit for recovery of the amount against Roshanlal Lalwani. Learned counsel further submits that no offence under Section 420, 467 & 468 of the IPC is made out. The FIR is an abuse of the process of law, hence, the same be quashed.

05. Shri Rishi Tiwari, learned counsel for the complainant submits that the applicants are the close relatives of the complainant, hence, he believed them and invested huge money. They came to Indore with a lucrative proposal for the development of a colony and resort. They made the complainant believe in the success of the project and looted money of Rs.2,30,00,000/- and when the project was not started, Roshan Lalwani entered into an agreement to sale of the Government land.

Sourabh Lalwani authorized his father to enter into an agreement to sale, hence, he was also involved in the cheating. There is an acknowledgment dated 24.04.2018, by which this applicant Sourabh Lalwani received Rs.20,00,000/- from the complainant. The complainant was cheated by the entire family of the present applicants, hence, the present M.Cr.C. be rejected. Appreciation and conclusion

06. Before registration of the F.I.R., the complainant made a written complaint on 14.01.2021 to the police, in which he disclosed the investment of Rs.2,30,00,000/- in the project of Roshan Lalwani and alleged that after receiving the amount, neither he started the project nor returned the amount. Upon payment of the aforesaid amount, he executed an agreement to sale, in which Roshanlal Lalwani a