File writ petition in HC for quashing FIR 

take the plea that seller and broker suppressed material facts about earlier sale 

If the defacto complainant is publishing such things in social media or television media, then it can be considered as an act of defamation.

You or your father can issue a legal notice to him for this insulting act and demand huge compensation besides unconditional apology.

As far as the criminal case is concerned you can file a quash petition to quash the FIR because you are not involved in any crime as alleged.

You’re facing a false FIR under Section 420 IPC due to a concealed prior agreement by the property seller. Since a civil suit is already ongoing and a previous 156(3) application was dismissed, you should file a quashing petition under Section 482 CrPC in the High Court, highlighting that this is a civil dispute being wrongly criminalized. Also, apply for anticipatory bail if not already done.

File a counter criminal complaint for extortion and defamation, especially as the complainant has a criminal past and is using media to harass and damage your family’s reputation. Issue legal notices to TV channels airing defamatory content.

In the civil case, assert your status as a bona fide purchaser with registry and possession. Document your father’s mental trauma and maintain all records to support future legal actions. 

File a Petition under Section 482 CrPC: Approach the High Court to quash the FIR. The FIR lacks essential ingredients of Section 420 IPC, as your parents were bona fide purchasers unaware of the prior agreement.

File a police complaint against the agreement holder for extortion and criminal intimidation.

File Defamation.

Holistic plan of action - please apply to the HC for quashing of the FIR

You can go for quashing in HC in the said matter if it’s a false one

- Your parents can file a petition before the Delhi High Court for quashing the FIR 

- Further, if the said person is trying to defame him , then your parents can file a Criminal defamation case , and alos can file a civil suit as well for claiming huge compensation 

- Send a legal notice before filing the civil case. 

Dear Client,

Here is a detailed soultion to your query:

1. Firstly, an ACJM (Additional Chief Judicial Magistrate) cannot accept an FIR under Section 156(3) of the CrPC when the same matter has already been decided by the CJM (Chief Judicial Magistrate). This is because of two reasons: a)  a subordinate magistrate like the ACJM cannot overrule or contradict the decision of a superior magistrate like the CJM b) the legal principle of res judicata restricts filing another similar case for acceptance of FIR [a matter that has been already adjudicated by a competent court and therefore may not be pursued again by the same parties] 

2. Under Section 54 of the Transfer of Property Act, 1882, mere agreement for sale of immovable property does not confer ownership (also upheld by SC in Indian Overseas Bank Vs. MAS Subramanian & Ors). Your possession of valid legal documents like registration and mutation certificate, sale deed is sufficient to establish your valid legal ownership over the land (as per SC judgment-Mahnoor Fatima Imran vs M/S Visweswara Infrastructure Pvt. Ltd).

Therefore, the third party has no legal right to file a case against you, and mere agreement does not render you liable in any way.

3. Now, a case can be filed before Sessions Court for staying the ACJM's order on ground of inherent lack of jurisdiction as the case has already been adjudicated by CJM.

                                                                    OR

The case has to be filed before the Delhi HC for quashing of the FIR under Section 482 of the CrPC to ensure complete and speedy justice, as the Sessions Court does not have the power to quash the FIR. The case will be filed on the following grounds:

         A. No Prima Facie Case: The case has been filed against the wrong party. The dispute is between the former owner and the third party.

         B. FIR is maliciously filed for revenge, harassment, or blackmail.

         C. A civil dispute has been misrepresented as a criminal case. This has also been held by CJM.

         D. The Opposition has approached the court with unclean hands, whose history reflects that he is a                        frivolous litigator.

         E. Lastly, you can also seek compensation on the grounds of mental harassment and defamation of an                    honourable person.

Conclusion: The case should be filed soon before Delhi HC for expeditious remedy. The court allows such cases to be listed on an urgent basis. 

Please let me know if there are any further queries or need help proceeding with the case.

.

Dear Client,

Defence in the Civil Suit for Specific Performance:

You are bonafide purchasers for value without notice of the prior agreement. This is a very strong defence under the Transfer of Property Act, 1882 (Section 54, and principles under Section 48). 

Your Sale Deed is a registered document, which takes precedence over an unregistered agreement to sell (unless the prior agreement holder can prove valid notice to you). The prior agreement holder's delay in seeking specific performance. Highlight the seller's fraud and the broker's involvement. 

Counterclaim/Third-Party Notice: Consider filing a counterclaim against the seller for fraud and breach of contract, seeking cancellation of the sale deed, refund of money with interest, and damages, if the court rules in favor of the prior agreement holder. Alternatively, you can issue a third-party notice to the seller/broker to indemnify you for any loss.

Reputation Management & Defamation: 

Cease and Desist Notice: Immediately send a strong legal notice to the local TV channels, the agreement holder, and the broker (if they are involved in spreading defamatory news) to cease and desist from broadcasting or publishing any defamatory content related to your family and the FIR. 

Defamation Suit: If they continue, consider filing a civil defamation suit for damages against the agreement holder and the TV channels. This can be filed in the Civil Court. This sends a strong message and can potentially recover damages for the harm caused to your father's reputation. 

Criminal Defamation (Section 499/500 IPC): This is another option, though civil defamation is often preferred for monetary compensation. 

Evidence: Crucially, collect evidence of the TV broadcasts (recordings, screenshots, news clips). Note down dates, times, and channel names.

Initiating Action Against Seller and Broker: 

Criminal Complaint (Against Seller/Broker): Consider filing your own police complaint or a private criminal complaint (under Section 200 CrPC) against the seller and broker for cheating (Section 318 BNS/420 IPC), criminal breach of trust (Section 316 BNS/406 IPC), and fraud (Section 421/422 IPC). They actively concealed the prior agreement, which led to your parents' predicament. This will put pressure on them. 

Civil Suit for Damages: You can also file a civil suit against the seller and broker for damages caused by their fraud and misrepresentation.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Dear Sir/Madam,

It is suggested that you file the quashing petition before the High Court and also seek the restrainment of the agreement holder from displaying such news on channel. Also file defamation suit/case against that person. 

For starters - If they concealed the prior dismissal of 156(3) before CJM, file a Revision / CRL MC against the order of ACJM. Seek an injunction against the publication of news; a defamation if applicable to the facts.

Since you asked for the holistic plan and modus for the remedy, here it is :

1. File a Petition under Section 482 CrPC for Quashing of FIR

Immediately file a petition under Section 482 of the CrPC before the jurisdictional High Court seeking quashing of the FIR, on the following grounds:

• The dispute is purely civil in nature, arising from an agreement to sell.
• There is no element of deception or fraudulent inducement on your parents' part. They purchased the property lawfully, through a registered sale deed, after paying the consideration.
• The seller failed to disclose the prior agreement, and your parents are bona fide purchasers for value without notice.
• The first application under Section 156(3) was dismissed, and the second is a clear case of forum shopping and abuse of process.
• Attach the CJM’s order dismissing the first 156(3) application, sale deed, mutation documents, and any proof of possession.

The High Court can quash the FIR on the basis that a civil dispute has been given a criminal colour, which has been strongly disapproved by the Supreme Court in several cases like:

• 
  G. Sagar Suri v. State of UP (2000)
• 
  Vesa Holdings Pvt. Ltd. v. State of Kerala (2015)
• 
  Parbatbhai Aahir v. State of Gujarat (2017)

1. File a Complaint to the Police and Magistrate against the Seller and Agreement Holder

Initiate counter legal action by filing:

• A criminal complaint under Sections 420, 406, 417, 120B IPC against the seller and the agreement holder, for concealment of facts and deliberate fraud in selling the property to you despite a pre-existing agreement.
• Attach documents showing due diligence, sale deed, mutation, possession, and the seller’s concealment of prior contractual obligations.

This will shift the narrative from your parents being accused to being victims of fraud.

1. Join as Party in the Civil Suit (Specific Performance)

Immediately intervene in the civil suit for specific performance, if not already a party.

• File an application under Order 1 Rule 10 CPC to be impleaded as a necessary party.
• Argue that you are a bona fide purchaser for value without notice of the earlier agreement and that the seller acted in collusion or misrepresentation.

Also, file a written statement asserting your title and possession to the property.

1. File a Complaint before the Press Council / Broadcast Authority

If the agreement holder is using media pressure to defame your family:

• File a written complaint with the Press Council of India (PCI) or News Broadcasting Standards Authority (NBSA) for airing unverified and defamatory content, especially given your father’s service background and reputation.
• Request for a take-down or apology from the channel.

This will send a clear message that your family won’t tolerate trial by media.

1. Approach Armed Forces Legal Cell / Veterans’ Welfare Wing

Since your father is a serving decorated officer, take assistance from:

• The Legal Cell / Judge Advocate General (JAG) Department in his unit
• Armed Forces Veterans Welfare Association (if applicable)
  They can issue representations to relevant authorities highlighting the malicious targeting of a serviceman’s family and request independent scrutiny of the FIR.

1. Lodge a Complaint with the State Human Rights Commission / NHRC

File a representation before the State Human Rights Commission (SHRC) or the NHRC, narrating:

• Harassment through misuse of criminal law
• Violation of dignity and liberty under Article 21
• Trauma to a senior citizen and decorated military officer

1. Media Counter and Defamation Suit (Optional)

If the TV channels defamed you specifically or named your father publicly:

• Issue a legal notice for defamation under Section 499 IPC and file a civil suit for damages
• Demand an apology and withdrawal of false coverage
• Preserve all recordings as evidence

1. Psychological Impact – Medical Documentation

Get a medical certificate for the mental trauma faced by your father, to be used in:

• The quashing petition, to show grave injustice and harassment
  
• Any compensatory or counter-litigation
• NHRC / SHRC complaints

1. Monitor the FIR – Seek Anticipatory Bail (if not quashed)

If FIR is not immediately quashed, move for anticipatory bail under Section 438 CrPC:

• Explain lack of mens rea
• Emphasize age, reputation, and decorated service of your father
• Highlight that your family are bona fide purchasers, not fraudsters

In case you need my assistance in the matter I can be contacted on 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES