Discharge or quash petition for a 420 case.

Raj will u please give full fact of case.

I have been implicated in a false 420 cases in a land deal. I exeuted an MoU with one Mr. B recieving a small token and handed over possession of a the property in my possession. The property was in dispute and I have made the buyer aware of the all facts verbally and in MoU. Mr. B readied to resolve all disputes and then was to share the profit 50/50 (terms stated in MoU) But later he handed over possession to a third person in collusion with the person with which we had dispute. Also made some forged doc that he has paid me full amount to get my full right.

Now he alleged in his FIR that I sold the property w/o letting him know the disputes and he signed MoU without his deliberate consent on the terms. And later third person grabbed the possession from him. And I am not returning the token and allged amount mentioned in his forged doc. I made complain in police station about forged doc but no action taken.

However, he filed an FIR 420 against me, I was jailed and on bail.

Now some lawyer say go for discharge some say for Quashing.

Could you answer my above query in light of these facts, please.

Hello Raj,

A contract ar agreement whether express or implied made or entered between two parties for committing any illegal or fraudulent act is VOID ab initio. Whereas, a Memorandum of Understanding (MoU) is not a legal contractual or binding. However, MoU may be considered by the Court as an admissible evidence to cast serious doubts on the Prosecution and can be challenged in the Sessions Court by filing a 'Revision' immediately after framing of the Charge, and if you remain unsuccessful in your revision, you can move the High Court to QUASH the FIR. You are automatically considered as 'DISCHARGED", should the High Court quashes the Charges and the FIR.

Hope, the above feedback is more than very useful to decide and act upon.

Ashok Thakur

Senior Lawyer, Supreme Court of India

Mobile: 8459004886