Delhi High Court - Orders
Sh Dharmendra Singh Chahal vs Govt Of Nct Of Delhi & Anr on 18 March, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2030/2020
SH DHARMENDRA SINGH CHAHAL ..... Petitioner
Represented by: Mr.V.S.Dubey, Advocate.
versus
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Represented by: Mr.Sanjay Lao, ASC for the
State with SI Anand Pratap
Singh, P.S.Madhu Vihar.
Respondent No. 2 in person.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 18.03.2021
1. By this petition, the petitioner seeks quashing of FIR No. 149/2015 under Sections 420/448/120B/34 IPC wherein, Sections 467/468/471 IPC were added later on registered at P.S. Madhu Vihar on the ground that the parties have settled the matter.
2. The abovenoted FIR was got registered by the respondent No. 2 claiming that that one Shekhar Aggarwal, Munni Devi Aggarwal and the petitioner have committed cheating and forgery of documents in respect of property No. A-42/1, admeasuring 60 sq.yds. in 4th floor flat, Gali No. 6, Kumayun Square, West Vinod Nagar, Delhi-92 in collusion with each other. Case of the respondent No. 2 was that Munni Devi Aggarwal wife of Shekhar Aggarwal executed a GPA in favour of her husband who was W.P.(CRL) 2030/2020 page 1 of 2 Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:18.03.2021 22:04:10 This file is digitally signed by PS to HMJ Mukta Gupta doing the work of building construction as a builder under the name and style of M/s. Shyam Properties. They approached the complainant to sell their residential built up property admeasuring 60 sq.yds. consisting of two rooms and one dining room at Corridor No. 4. Thus, agreement to sell was entered into between the parties and the property was to be purchased for a total sum of ₹23,50,000/- which was handed over to Shekhar Agggarwal in various tranches. In the meantime, the complainant got to know that Shekhar Agarwal as power of attorney holder of Munni Devi Aggarwal has entered into an agreement to sell with the petitioner as well. During the course of investigation, the notary refused to acknowledge his signatures on the agreement to sell executed in favour of the petitioner. As per the investigation, the owner of the property was Munni Devi Aggarwal who learned Additional Standing Counsel for the State submit, was suffering from Paralysis and executed a power of attorney in favour of her husband. Both Shekhar Aggarwal and Munni Devi Aggarwal are not traceable.
3. State will file a detailed status report under the signatures of the DCP concerned indicating what steps have been taken by the State to ascertain the whereabouts of Munni Devi Aggarwal and Shekhar Aggarwal, well in advance before the next date of hearing.
4. List on 12th May, 2021.
5. Order be uploaded on the website of this Court MUKTA GUPTA, J.
MARCH 18, 2021/akb
W.P.(CRL) 2030/2020 page 2 of 2
Signature Not Verified
Digitally Signed By:SANDEEP
KUMAR
Signing Date:18.03.2021 22:04:10
This file is digitally signed by PS
to HMJ Mukta Gupta