BABU RAM Vs. THE STATE

JUDGEMENT

(1.) The petitioners seek a quashing of the present FIR. Submission is that this FIR which has been registered on 11.12.2015 is a counterblast to the dismissal of the suit pending inter-se the parties which suit had been dismissed by the Competent Court on 09.10.2015. Submission is that the present FIR No.1349/2015 registered under Sections 420/467/468/471/506 read with Section 34 of the IPC on 11.12.2015 is nothing but an abuse of the process of the Court as the complainant having failed to get the benefit of any order from the Civil Court has filed this complaint (pursuant to which the present FIR has been registered) at a very belated stage. No case is made out. Learned counsel for the petitioners in support of his submission has placed reliance upon a judgment of the Apex Court in 2015 (2) ACR 2094 Savitri Pandey & Others Vs. State of U.P. and Others.

(2.) The complainant has been heard. Submission of the complainant is that the petitioner has played a fraud upon the complainant and the petitioner in connivance with the co-accused Ran Singh has generated fraudulent documents which is evident from the FSL report dated 18.10.2017 (copy of which has been placed on record). It is pointed out that the agreement to sell purportedly executed by Jaswant Singh Dilawari and Sudershan Kaur relied upon by the petitioner is a document which has been fudged upon and this is evident from the report of the FSL which has opined that the khasra numbers in the said document have been changed; this is in active connivance of the petitioners with the co-accused Ran Singh.

(3.) Learned ASC for the State points out that investigation almost having culminated to a large extent, this is a fit case where the FIR should not be quashed and since the investigation is now in progress and presuming that no evidence is collected against the petitioners, the said petitioners would be discharged. However, a case of quashing of the FIR is not made out.