Wazir Paras Ram vs Abdul Salam Dar

A criminal complaint u/s 420 RPC and u/s 409 RPC has been filed in the court of City Judge Judicial Mag: Srinagar The cognisance however,

after recording the statement of one of the witnesses as sarsari, has been taken u/s 420 RPC only. The complaint lodged in brief was that the

accusedpetitioner and respondent No. 2 falsely made the complaintrespondent to believe that the petitioner had to sell his residential house situated

at Tankipora Sfioagar and was holding power of attorney on behalf of the remaining owners of the property. On this assurance given, the

respondent No. 1 herein made payment of Rs. 4000/ to the accusedpetitioner but later on it was found that the accusedpetitioner had no power of

attorney on behalf of other proprietors of the building in question. Therefore, a complaint was lodged against the accusedpersons u/s 420 RPC,

This application U/s 561\ Cr. P. C. relates to this matter and it is prayed that the matter being purely of civil nature, the complaint may be disposed

of accordingly,

I have perused the application u/s 561A Cr. P. C. Amongst other things, it has been stated in para 5 (h) of the application that a civil suit filed by

the complaint against the petitioner already stands decreed for the amount mentioned in the complaint and thus the grievance of the complaint has

been fully satisfied, it has been submitted by the learned counsel for the petitioner that the matter, in fact, was of civil nature and had been so

disposed of by the competant court, as such the proceedings u/s 420 RPC be quashed in accordance with the provisions of S. 561A Cr, P. C.

I agree with the learned counsel for the petitioner and quash the proceedings pending before the court of City Magistrate Srinagar between the

parties.

The file which had been sent for from the trial court be returned for being ordered to be consigned to records.