SANAGUL Vs. STATE NCT OF DELHI & ANR

JUDGEMENT

(1.) The Petitioner invokes the inherent powers of this Court under section 482 of the Code of Criminal Procedure (Code) for quashing of FIR No.86/2011 under Sections 471/420/463/468 IPC registered in Police Station (PS) Kamla Market.

(2.) A civil suit for cancellation of a sale deed dated 24.10.2007 in respect of the Second Floor of property No.2325-26, Ward No.7, Gali Meer Madari, Mohalla, Rodgaran, Delhi-110006 was filed by the Petitioner against the Respondent No.2 on the ground that the Respondent No.2 fraudulently got executed the above said sale deed on the pretext of execution of the lease deed in respect of the earlier said property. In support of the Civil Suit, the Petitioner placed on record some rent receipt purported to have been signed by the Respondent No.2 as a tenant. The Respondent No.2 denied that she was a tenant in the premises in question or that she had ever signed any rent receipt for the aforesaid property. On the complaint filed by Respondent No.2, the instant FIR was registered. Forensic Science Laboratory (FSL) report has been received which shows that the signatures appearing on the rent receipt do not tally with her (Respondent No.2) admitted signatures 'A- 1' to 'A-9'.

(3.) Referring to the FSL report, it is urged by the learned counsel for the Petitioner that even though the signatures do not tally with the signatures of Respondent No.2, yet there is no evidence that Respondent No.2's signatures were forged by the Petitioner. Thus, the learned counsel for the Petitioner states that the FSL report is of no consequence and registration of the FIR and any proceedings on its basis would be just an abuse of the process of the Court and an unnecessary harassment to the Petitioner. Thus, the learned counsel for the Petitioner prays for quashing of the FIR.