SATYENDRA KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) The petitioners have preferred the present petition under section 482 of Cr PC to seek the quashing of FIR No.296/2005 dated 30.05.2005 registered at police station Hauz Khas, New Delhi under section 306/34 IPC against them. The petitioners were the parents of the deceased Sh. Sushil Jain. The aforesaid FIR was lodged by Smt. Kavita Jain, wife of the deceased.

(2.) According to the petitioners, they along with their deceased son Sushil Jain and his family, consisting of his wife and two children (one son and one daughter), who have been impleaded as respondent nos.2 to 4, resided on the first floor of property no.F-92, Green Park Main, New Delhi, which petitioner no.1 claims is in his ownership. On the ground floor, the eldest son of the petitioners Sh. Sudhir Jain was residing with his family, while the second floor was occupied by Sh. Ashish Jain, the third son of the petitioners. It is also the petitioners ' submission that the said property has always been owned by, and is in the possession of petitioner no.1 herein. He had purchased it out of his own exclusive funds and he along with his younger brother co-owned the said residential property. Copy of the conveyance deed of the said property has been placed on record.

(3.) The petitioners submit that petitioner no.1 had no commercial dealings with his deceased son and there was no occasion for any dispute or difference with respect to any money or commercial transaction either between the petitioners or their deceased son or between the three sons of the petitioners inter se.