Asha Arora And ORS. v. State Of Haryana And ORS

CRM-M-21201-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Misc. No.M-21201 of 2017 (O&M) Date of Decision: July 10, 2017 Asha Arora and others ......PETITIONER(s).

VERSUS

State of Haryana and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Rajiv Sharma, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

This petition under Section 482 Code of Criminal Procedure has been filed by the petitioners seeking direction to respondents No.1 to 3 to register an FIR against respondents No.4 to 6 and further for direction to respondents No.1 to 3 to protect lives and liberty of the petitioners at the hands of private respondents.

There appears to be a property dispute between the parties. The petitioners have alleged that petitioner No.4 had taken a shop on rent from respondents No.7 to 9 and then decided to vacate the same. Respondents No. 4 to 9 took illegal possession of the shop along with garments of more than `25 lakh lying therein. They also forced the petitioners to sign some documents, receipts and blank papers on the basis of which they had prepared forged documents, such as agreement to sell and receipts showing that petitioners No.1 and 2 had taken loan of `10 lakh from respondent Sachin Mehta 2017.07.11 17:47 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-21201-2017 -2No.6.

The allegations levelled by the petitioners are of civil nature. For the disputed agreement alleged to have been created by private respondents, the petitioners can file civil suit or can contest the same by raising the plea in this regard on filing suit for specific performance by private respondents. Similar is the case with the receipt alleged to have been fabricated by respondents No.4 to 6.

In view of this, I find no reason to issue any direction for registration of FIR against private respondents. Learned counsel for the petitioners submits that petitioners also apprehends danger to their lives and liberty at the hands of private respondents.

Every individual has fundamental right to seek protection of his life and liberty. Commissioner of Police, Faridabad is directed to look into this grievance of petitioners, verify the same and take action in this regard in accordance with law.

With above direction, this petition stands disposed of. It is, however, made clear that nothing observed in this order shall be taken as an expression of any opinion of merits of the case and the petitioners shall be at liberty to avail all other legal remedies available to them.

( SURINDER GUPTA ) July 10, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.07.11 17:47 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH