Dharmender and Another vs State of Haryana and Others

Jaswant Singh, J.—Prayer is u/s 482 Cr.PC for quashing of FIR No. 80 dated 10.03.2010 under Sections 387, 448, 323, 506 and 34 of Indian Penal Code and Section 25 of the Arms Act registered with Police Station Faridabad Kotwali, District Faridabad on the basis of compromise in the shape of affidavit dated 12.5.2010(P-1).

As per allegations in the FIR, complainant Umesh Khatri entered into agreement with Smt. Devi Bai regarding purchase of house No. 2 N-15 NIT Faridabad and after execution of agreement deed he contacted some of the tenants of abovesaid house and asked them to vacate the same. Out of six shopkeepers four vacated the shops but two shopkeepers namely Pappu and Smt. Maya did not vacate the shops. When again on 15.01.2010 complainant went to both the above named tenants for getting the premises vacated from them he found the main entrace of the house opened and saw some persons were sitting in the house and were drinking. When complainant asked them to stop drinking in his premises they used filthy language and one person namely Guddu put revolver on the temple of the complainant and said that now this house belongs to him as well as Shashi and Satish and if he want the aforesaid premises vacated he will have to pay rupees twenty lacs.

Learned State Counsel on instructions from ASI Jagbir Singh submits that out of the total four accused two accused, namely, Dharmender and Satish have come before this Court. Learned State Counsel further submits that both Petitioners have been declared as proclaimed offenders on 28.10.2010. He further submits that besides the present FIR Petitioner Satish is also involved in as many as six more cases, details of which are as under:

FIR No. 955 dated 20.12.1999 under Sections 302, 364, 201, 148, 149, 506 and 120B IPC and Section 25 of Arms Act, P.S. Faridabad.

FIR No. 309 of 2006 under Sections 323, 452, 506 IPC P.S. Old Faridabad.

FIR No. 404 of 2006 u/s 384 IPC, P.S Old Faridabad.

FIR No. 405 of 2006 u/s 323, 325, 34 IPC. P.S. Old Faridabad.

FIR No. 512 of 2007 u/s 384, 385 IPC P.S. City Ballabhgarh, Faridabad.

FIR No. 06 of 2008 u/s 387, 506 and 34 IPC.P.S. Kotwali, Faridabad.

Keeping in view the allegations levelled against the Petitioners as well as seriousness of the offence, I do not find any ground to invoke jurisdiction u/s 482 Cr.PC by this Court in quashing the instant FIR.

Dismissed.