RAJPAL BANSAL Vs. STATE ( NCT OF DELHI)

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Rajpal Bansal and Sh. Harish Kumar for quashing of FIR No.150/2004 dated 08.06.2004, under Sections 448/454/323/392/397/380 IPC registered at Police Station Dilshad Garden on the basis of the Memorandum of Understanding (MOU) arrived at between the petitioners and respondent no.2, namely, Smt. Chander Jyoti Arora and others i.e. Gulshan Arora, N.K.Arora, Smt. Poonam Arora and Mr. Bunty @ Bharat Bhushan Arora on 18.04.2016 at Delhi.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent no.2, present in the Court has been identified to be the complainant/first -informant in the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the FIR in question was lodged by the complainant on the allegation that the complainant in the course of the business had borrowed loan from Suresh Chand Chawla in 2000 of Rs. 4 lacs and also executed papers of ownership at his instance as security against the loan. The rent of Rs. 4,200/ - was given regularly to the accused - Suresh Chand Chawla by the complainant. Thereafter, the health of the husband of the complainant deteriorated and after putting lock on the house, the complainant shifted to Bhopal. The key of the house was handed over to Harish Kumar. The mother -in -law of the complainant informed her that the accused persons had trespassed into her house and were removing goods. The complainant along with her husband came back to Delhi and on 06.06.2004, the husband and the mother -in -law of the complainant were present in the house and they were threatened by the accused persons. Thereafter, due to the intervention of family, common friends etc. parties arrived at an amicable settlement with each other.