LAWS(DLH)-2013-3-204

HARPREET KAUR Vs. STATE

Decided On March 12, 2013
HARPREET KAUR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By way of this joint petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioner No. 1-complainant and petitioner Nos. 2 to 6-accused, against whom FIR No. 17/2011 was registered on 8th February, 2011 under Sections 420/468/471/34 IPC at Naraina police station, seek quashing of the said FIR in view of a compromise having been arrived at between them. Facts which led to the registration of the FIR at the instance of the petitioner No. 1-complainant, who is a widow, may be noted. She claimed to be the owner in possession of 1/4th undivided share in property bearing No. A-19, Naraina Vihar, New Delhi and as per her a memorandum of family partition dated 14th July, 2008 was executed between her and her in-laws and as per the said partition deed she became the owner of the entire ground floor of the front block, half of the 3rd floor of the front block and the entire 3rd floor of the rear block with proportionate indivisible & undivided interest in the said property with stilt parking, drive way & the terrace of the 3rd floor being common. The in-laws of the complainant had allegedly evil designs to grab her property after the death of her husband in the year 2005 and with the help of builder mafia the accused persons defrauded her by forging her signatures on valuable documents. That act of her in-laws had led to the lodging of the FIR against the petitioner Nos. 2 to 6 by her and other civil litigations also started.

(2.) However, during the investigation stage itself, the parties entered into a compromise vide Compromise Deed dated 7th August, 2012, copy whereof has been annexed with this joint petition as Annexure A-2 and now because of that compromise this petition has been filed by the complainant and the accused for quashing of the FIR in question.

(3.) In view of the compromise between the complainant-petitioner No. 1 and accused-petitioners No. 2-6, learned APP for the State had submitted that even the State has no objection for the quashing of the FIR since the matter was still at investigation stage.