ASHWANI KOHLI Vs. STATE OF DELHI

JUDGEMENT

(1.) By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 the petitioner has sought quashing of FIR No. 574/1999 under Sections 420/404/467/468/471/120-B IPC registered against him at police station Connaught Place at the instance of his own brother, respondent no.2 herein as also the ongoing trial in respect of the said FIR.

(2.) The registration of the criminal case against the petitioner at the instance of his brother was because of the petitioner selling certain shares, which though were registered in the name of their father but according to the respondent no.2-complainant were belonging to HUF, namely, R. Kohli and Sons (HUF), by forging the signatures of their father on transfer documents. Those shares were sold after the death of their father without disclosing to the concerned Company about his death. The grievance of the complainant was that the sold shares should have devolved upon the legal heirs of their father but the petitioner pocketed the sale entire proceeds also in conspiracy with a share broker.

(3.) After investigation charge-sheet was filed in Court by the police against the petitioner and the share broker. However, during the trial of the case disputes between the brothers were resolved with the intervention of their relatives and friends. The terms of the compromise have been recorded in the compromise deed dated 09.07.2012, copy of which has been annexed with this petition and this petition was filed for quashing of the criminal proceedings in view of the settlement of the disputes between the parties.