WAZIR PARAS RAM Vs. AB SALAM DAR

JUDGEMENT

(1.) A criminal complaint u/s 420 RPC and u/s 409 RPC has been filed in the court of City Judge Judicial Mag: Srinagar. The cognisance however, after recording the statement of one of the witnesses as sarsari, has been taken u/s 420 RPC only. The complaint lodged in brief was that the accused -petitioner and respondent No. 2 falsely made the complainant -respondent to believe that the petitioner had to sell his residential house situated at Tankipora Srinagar and was holding power of attorney on behalf of the remaining owners of the property. On this assurance given, the respondent No. 1 herein made payment of Rs. 4000/ - to the accused -petitioner but later on it was found that the accused -petitioner had no power of attorney on behalf of other proprietors of the building in question. Therefore, a complaint was lodged against the accused -persons u/s 420 RPC, This application U/s 561 -A Cr. P. C. relates to this matter and it is prayed that the matter being purely of civil nature, the complaint may be disposed of accordingly,

(2.) I have perused the application u/s 561 -A Cr. P C. Amongst other things, it has been stated in para 5 (h) of the application that a civil suit filed by the complainant against the petitioner already stands decreed for the amount mentioned in the complaint and thus the grievance of the complainant has been fully satisfied. It has been submitted by the learned counsel for the petitioner that the matter, in fact, was of civil nature and had been so disposed of by the competent court, as such the proceedings u/s 420 RPC be quashed in accordance with the provisions of S. 561 -A Cr. P. C.