Arun Khatri @ Monu & ANR. v. State Of NCT Of Delhi & ANR.

* 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 respondentState 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/firstinformant 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

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 s CRL.M.C. 23/2014