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Judgment
This application under Section 482 Cr.P.C. is filed for quashment of F.I.R. arising out of Crime No.313/2014 dated 28.08.2014 Police Station-Neemuch Cant, Neemuch.
Brief facts giving rise to this application are that the complainant Hussain S/o Inayat Ali is a power of attorney holder of original owner of the house No.46 located at Neemuch. The original owner Sakina left India to live with her husband Saifuddin at Dubai. The house remained vacant for about year and thereafter, she let out the house to the present applicant Kamal Ahir. It is alleged that Kamal Ahir paid her rent for 11 months at the rate of Rs.4,000/- per month, total amount of Rs.44,000/- was paid and thereafter, he did not pay any rent to the original owner Sakina. In the year 2012 original owner Sakina came to India and when she claimed rent from the present applicant for the year 2011-2012 the present applicant refused to pay any rent to her and also refused to vacant the house. Thereafter, it is alleged that Sakina executed a power of attorney in favour of the complainant Hussain S/o Inayat Ali on 26.11.2012 and on the basis of this power of attorney the complainant filed a civil suit against the tenant on 11.02.2013. After one year, he filed written statement in the civil suit in which he stated that on 01.02.2011 he paid Rs.1,48,000/- rent for 3 years in advance to the complainant Hussain S/o Inayat Ali. It is alleged that he also produced a receipt purported to have been signed by owner of the house Sakina. However, as claimed by the complainant no amount was paid to him as he is not a power of attorney holder at the relevant time and the receipt is also a forged one as the signature is not that of Sakina W/o Saifuddin.
Earlier the present applicant filed another application under Section 482, which was disposed of in M.Cr.C. No.7579/2014 by order dated 15.07.2015 and while disposing of the application, Court observed as under:- "5. This apart, on going through the case-diary, it is apparent that this application is pre-mature. The original owner of the house and whose signature is said to be forged on the disputed receipt is out of country. The police is sending her notice to come to India. Only after recording her statement in respect of such receipt whether signature on the receipt is her signature and also when such signature would be examined by handwriting expert and found to be a forged one, a case would be made out. At this stage it is pre-mature to reach to any conclusion.
In this view of the matter, this application is dismissed as being filed pre-mature with liberty to the applicant to file a fresh application after investigation in this matter further progress.
With this direction, this application stands disposed of".
Now, this second application is filed as statement of the original owner Sakina W/o Safuddin was recorded by the Police Station-Neemuch Cant in aforesaid Crime Number and in her statement, in which, she stated that she received the possession of the house, and therefore, she doesn''t want any action to be taken against the present applicant.
Now in her statement, it is apparent that the alleged receipt was not a forged one, it was signed by the house owner herself. The complainant at that time was not holder of power of attorney of the owner of the house, and therefore, this owner of the house who was in position to say whether she received the amount and passed the receipt thereon.
In this view of the matter, the application deserves to be allowed and hereby allowed. The F.I.R. arising out of Crime No.313/2014, Police Station Neemuch Cant, District-Neemuch dated 28.08.2014 and all the consequential proceedings arising out of F.I.R. are hereby qaushed. The present applicant is discharged from offence under Section 420, 467, 468, 471 and 448 of IPC.