SIDDHARTH DHINGRA Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioner for quashing of FIR 760/2007, under Section 380/406/420/448/452/506/120B IPC, P.S. Punjabi Bagh.

(2.) THE FIR is sought to be quashed on the ground that the matter in dispute was purely civil in nature and the respondents in connivance with each-other has given it a criminal colour by playing fraud upon the learned Metropolitan Magistrate.

(3.) BRIEF facts relevant for the purpose of deciding this petition are that respondent No. 3 purchased property No. 20/26-B, East Punjabi Bagh from other two respondents in this petition viz Madhur Dhingra and Gaurav Dhingra who represented that they were having clear title over the property. The property was sold to respondent No. 3 by way of a sale deed after receiving entire consideration. However, the petitioner and other respondents connived with each-other to play a fraud and a part of the portion of property was not vacated by them and seller requested respondent No. 3 to enter into a rent agreement for a short time as they were to locate another accommodation for their parents living therein. The rent deed for first floor was executed with the respondent No. 3 on the excuse that they would soon vacate the accommodation and shift their parents at an alternate premise. Thereafter in order to deprive the respondent No. 3 of the entire property, the petitioner with other two respondents entered into a conspiracy and the locks of the ground floor portion, possession of which was with respondent No. 3 was also broken open and her entire articles, belongings were stolen and premises was trespassed and occupied. The respondent No. 3 approached police about this trespass in her property and theft of articles but the police did not register a case. Thereafter, she approached this court by way of a Writ Petition. This court showed her the door of MM and then she approached the court of MM with a complaint under Section 156(3) Cr. P.C. The learned MM after considering all facts directed for registration of FIR.