Case Law Details
Shiv Kumar Vs State of NCT of Delhi (Delhi High Court)
Delhi High Court under its inherent power under section 482 of Cr. P.C. quashes the FIR as no criminality appears to have been done on the part of the petitioners. Criminal colour has been given to the civil dispute.
Facts- The present petition has been filed u/s. 482 Cr.P.C. seeking quashing of FIR u/s. 406/420 r/w 120B of IPC registered at PS EOW, Delhi.
The said FIR was lodged on the complaint of respondent No.2, Shivraj Krishna Gupta, against the petitioners, alleging therein, that the petitioners systematically conspired through wilful misrepresentations and duped the complainant to invest a substantial amount of Rs 16 crores (along with assured returns/interest @ 12.5% p.a. till possession which was to be given by 31.07.2019), in a luxurious Golf Resort villa project in Goa undertaken by the petitioners through their company M/s Leading Hotels Limited.
It is alleged that it was misrepresented to the complainant that for the project all the necessary licenses, clearances and permissions to build the residential villas have been granted. The complainant trusting the petitioners and Mr. Girish paid Rs. 9,90,00,000/- towards the sale consideration of the villa. Subsequently, allotment letter and Builder buyer Agreement were made.
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