DHARAMVIR SINGH Vs. STATE

JUDGEMENT

(1.) The Petitioner is invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the Respondent No.1 to register First Information Report against Respondent No.2, who is her brother-in-law (jeth), on the basis of her complaint dated 04.02.2014 and investigate the matter as per the law.

(2.) A perusal of the complaint dated 04.02.2014 filed by the present Petitioner shows that she was residing at House No.F-114, Lado Sarai, New Delhi which belonged to her father-in-law Bhagwan Singh. Her father-inlaw was under heavy debt, which was taken by him for construction of the house and marriages of his children, and due to this reason, he remained disturbed and wanted to sell his property. Sh. Bhagwan Singh apprised everyone about his desire to sell his property. It is mentioned in the complaint that she purchased ground and first floor of the said house out of her own resources by paying the agreed amount to her father-in-law partly in cash and remaining by cheque. The remaining floors of the said property were sold to one Pradeep Khatri, resident of Narela. Out of the sale consideration, her father-in-law paid some amount to Respondent No.2 and remaining amount was used to repay the loan.

(3.) Since the Petitioner had purchased the ground and first floor of the said property from her father-in-law after paying sale consideration, the Respondent No.2 was not happy and was nursing grudge against the Petitioner, her husband and father-in-law. Respondent No.2 threatened her father-in-law either to pay him more money or he will implicate them in a false case. Respondent No.2 also trespassed on half portion of the floor purchased by Pradeep Khatri for which Pradeep Khatri had instituted a case against Respondent No.2.