Arun [email protected] & Anr. vs State Of Nct Of Delhi & Anr.
2015 Latest Caselaw 816 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: January 29, 2015

+                         CRL.M.C. 23/2014
      ARUN KHATRI @ MONU & ANR.              ..... Petitioners
                   Through: Mr. Hanish Saharawat, Advocate

                          versus

      STATE OF NCT OF DELHI & ANR.               .....Respondents
                    Through: Mr. Navin Sharma, Additional
                              Public Prosecutor for respondent-
                              State with Inspector Rajesh

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

Quashing of FIR No.159/2013, under Sections 468/420/471/427/ 511/448 of IPC registered at police station Swaroop Nagar, Delhi is sought on the basis of affidavit of respondent No.2-complainant/first- informant of the FIR in question.

Learned Additional Public Prosecutor for respondent-State submits that the investigation of this FIR case is in progress and the main accused is not co-operating with the investigation of this case.

Since there are allegations of forgery, etc., and the investigation is in progress, therefore, this Court is not inclined to entertain this petition under Section 482 of Cr.P.C.

At this stage, learned counsel for petitioners submits that since

CRL.M.C. 23/2014 Page 1 respondent No.2/complainant has no objection to the quashing of this FIR, therefore, no coercive steps be taken against petitioners.

Learned Additional Public Prosecutor for respondent-State submits that for this purpose, petitioners are required to file an application under Section 438 of Cr.P.C.

Two weeks' time is granted to petitioners to seek pre-arrest bail from the Sessions Court and till then, purely as an interim measure and without commenting upon merits of this case, it is directed that no coercive steps be taken against petitioners.

This petition is accordingly dismissed.

                                                        (SUNIL GAUR)
                                                           JUDGE
JANUARY 29, 2015
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CRL.M.C. 23/2014                                                     Page 2