TaxTMI 
TaxTMI 
2015 (7) TMI 1454
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....ent is a petition under Article 226 of the Constitution of India read with Section 482 CrPC 1973 seeking quashing of the FIR No.235/2011 under Section 406/420 read with Section 120B of the IPC registered with the Economic Offences Wing, Crime Branch, New Delhi on 26.11.2011. The facts in brief are that the petitioners are stated to have misled the complainants into purchasing the subject property which is located in the States of Goa and Karnataka. The petitioners are stated to have done so with the intent to cheat and deceive the complainants. Acting upon the assurance of the petitioners that the subject land has clear and absolute title and did not suffer from any encumbrances or legal defects, the complainants are purported to have pu....
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....y to visit Goa and execute and register sale deeds of the said properties in terms of this compromise deed by the First Party and the said interim bail would be liable to be cancelled in case the First Party fails to fulfill any of its obligations under this compromise deed. 2. That in discharge of all his acknowledged and admitted Liabilities and debt towards the Second Party and settlement of all claims of the Second Party, the First Party agrees to transfer the following properties vide execution of sale deeds in the name of RNG Enterprises Pvt. Ltd. Having its registered address at A-1/8 Vasant Vihar, New Delhi (hereinafter referred to as the Company) whose 100% shares are owned by the Second Party: a) One half of the ....
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....zario Noronha from Borda Margao Goa and on whose death inventory proceedings under no.44/99/M was initiated in the Comarca judge of Salcete and Quepem, wherein the said hilly portion of the southern side of the entire property was listed under Item No.6. The property known as DEPOIBATA is situated at Borda, within the area of Margao Municipal Council, Taluka and Sub-District of Salcete, District of South Goa, State of Goa, described in the Land Registration Office of Salcete under Matriz No.683 bounded on the East by property of Joaquim Piedade Fernandes on the west by property of Aleixo Dias on the north by municipal road and on the south by hill top. The Properties mentioned in clause (a) and (b) above are hereinafter referred to....
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....ot be liable to transfer shares of the said company in favor of the First Party. It is also agreed that in case the First Party fails to make the entire payment of 14.5 Crores within 6 month i.e. on or before 23.11.2015 then the First Party shall also be liable to pay interest at the rate of 18% on the remaining/unpaid amount. However, the entire payment has to be made on or before 23.01.2016 in order to entitle the First Party to shareholding of the company. 6. The First Party in partial discharge of its liablity has issued two post dated cheques of Rs 2 crores each dated 30.06.2015 and 30.07.2015 in favor of the Second Party which the First party has represented to the second party that the said cheques shall be honored upon pres....
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....ithdraw all the cases filed against the First Party including 138 case, execution petition no.220/2014 of decree dated 24.03.2014, criminal complaint filed in Panjim, Goa, contempt petition no. 500/2014 and the FIR No. 235/2011. The Second Party shall also annul all the sale deeds executed by the First Party in favor of the Second Party in relation to the 38 acres property mentioned in MOU dated 02.03.2009. The Second Party shall also seek vacation of stay and attachment on the properties of Bhushan Kadam granted by Delhi High Court upon receipt of the entire amount of Rs.14.5 Crores and the stamp duty amount and any interest accrued. The First Party shall also withdraw all the cases/criminal complaints/legal proceedings filed by it includi....
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....at upon receipt of entire amount of Rs. 14.5 Crores and the stamp duty amount and any interest accrued by the Second Party as per the terms and conditions of this Compromise deed and upon fulfillment of all the terms, conditions and obligations of the First Party towards the Second Party as detailed in this compromise deed and subject to all the representations of the parties being true and correct, all the disputes between the parties shall come to an end and it shall be accepted as full and final settlement between the parties and the Second party shall not claim any right, title or interest in the 38 acre property described in the two MOUs and the sale deeds executed shall be deemed to have been cancelled. 15. That this compromi....