LAWS(P&H)-2010-2-288

MANISH AHLAWAT Vs. STATE OF HARYANA

Decided On February 10, 2010
Manish Ahlawat Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.) seeking quashing of FIR No. 577 dated 1.12.2007 registered under Sections 406, 420, 467, 468, 461/506, 120B of the Indian Penal Code (for short 'IPC') at Police Station Civil lines Hisar (Annexure P8) and all further proceedings arising there from.

(2.) Prosecution story, as per FIR (Annexure P8) reads as under:

(3.) Learned Counsel for the petitioner has vehemently argued that the present petitioner has been falsely involved in this case. In fact, respondent No. 2 had suffered a decree in favour of her daughter Neelu qua the property in dispute and Neelu, who was wife of the petitioner, had executed a general power of attorney in favour of the petitioner qua the said property. Petitioner had rented out the premises being husband of Neelu. Now, due to a matrimonial dispute between the petitioner and his wife, he has been falsely involved in this case. The genuineness of the decree had been admitted by the brother of the complainant in FIR No. 134 dated 15.11.2007 under Sections 364, 498A, 406, 34 IPC registered at Police station Shivaji Colony against the petitioner and his parents. Learned Counsel for the petitioner has placed reliance on The State (Delhi Administration) v. Pali Ram , (1979) 2 Supreme Court Cases 158 wherein it was held as under: