MEENA DABAS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner has filed the present petition U/s 482 of the Code of Civil Procedure seeking quashing of F.I.R. bearing No. 761/2014 U/s 420 IPC registered at P.S. Shahabad Dairy and charge sheet dated 03.05.2016 pending adjudication before the Court of Sh. Manu Goel Kharab, Ld. MM, Rohini Courts, Delhi.

(2.) The facts of the case are that one Bhushan Jain filed a complaint U/s 156 (3) Cr.P.C and the Ld. M.M vide order dated 04.07.2014, issued directions to register an F.I.R. In his complaint, the complainant Bhushan Jain has alleged that he is the lawful owner of property No. B-250, Khasra No. 277, Prahalad Vihar, Near Sector 25 Rohini, Delhi which he had purchased on 04.09.2009 from the erstwhile owner Usha Gupta and has also taken possession of the said property. He alleged that on 25.12.2013, petitioner alongwith few musclemen forcefully entered into his said property and threatened him of dire consequences. He further alleged that on 27.12.2013, petitioner again forcefully entered into the said property and threatened the wife of the complainant with dire consequences. The complainant also alleged that the petitioner claimed herself to be the owner of the said property on the basis of some false and forged documents. Accordingly, an FIR bearing No. 761/14 dated 07.07.2014 U/s 420 IPC was registered at PS Sahabad Dairy.

(3.) During the investigation, the chain of documents pertaining to the said property were collected from the complainant who had purchased the said plot from Usha Gupta through notarized GPA and registered Will on 13.08.2009. The said Usha Gupta had purchased the said plot through registered sale deed form Shiv Dhan Sharma on 23.03.1989 and Shiv Dhan Sharma had purchased the said plot from Vijay Kumar Goel vide registered sale deed on 25.03.1985 and now the possession of the property in question is with the complainant.