SAVITRI KAUSHAL Vs. STATE

JUDGEMENT

(1.) Present petition under Sec. 482 Crimial P.C. has been preferred by the petitioners for quashing of FIR No.243/1998 registered under Sections 448/380/201/34 Penal Code at Police Station Sarojini Nagar. The petition is contested by respondent No.2- Jasbir Singh @ Jassi (hereinafter referred to as 'the respondent').

(2.) I have heard the learned counsel for the parties and have examined the record. The FIR in question was lodged on 3.7.1998 on the basis of statement made by 'the respondent' in the Police Station. In the complaint, 'the respondent' informed that his sisters Amar Kaur and Hardev Kaur had purchased the second floor of property bearing No.A-178, Arjun Nagar, New Delhi and its possession was handed over to them on 16.1997. The sisters had executed a power of attorney in his name in Dec., 1997. They had put their household articles in the suit property. Savitri Devi, who lived on the ground floor disconnected the water and electricity connections. She told them that the builder J.L. Arora had not fulfilled the terms and conditions of the agreement and she had instituted arbitration proceedings against him. Since there was no electricity and water facility after its disconnection by Savitri Devi, lock was put and he started living at a different locations in a rented accommodation. It was alleged that Savitri Devi and her sister-in-law (Bhabhi) and son Akash inducted a tenant after breaking open the lock of the second floor of the house on 1.7.1998. Upon completion of investigation, a charge-sheet was filed against Savitri and Manjula Sharma in the court for commission of offences under Sections 448/380/201/34 IPC. Charge for commission of aforesaid offences under Sections 448/380 Penal Code was framed against the petitioners by an order dated 8.10.2010. 'The respondent' has been examined partly as PW-1 so far.

(3.) Allegations against the petitioners are that on 1.7.1998, they along with Akash (not arrested) committed house trespass by breaking locks of the second floor of house No. A-178, Arjun Nagar, New Delhi and committed theft of various household articles lying therein. Apparently, the complainant/'the respondent' was to establish that or on before 1.7.1998, possession of the second floor of the said property was with him.