Dismissal of Petition to Quash FIR: Allegations of Forgery and Cheating in Flat Allotment Dispute.
28 February 2024
FIR >> Criminal Law | Forgery >> Criminal Law
The present petition of Sudha Banarasilal Sharma v/s The State of Maharashtra & Another., was filed under Article 226 of the Constitution of India, seeking the quashing of an FIR and subsequent charges related to alleged forgery, cheating, and other criminal offenses. The FIR was lodged by Respondent No. 2, accusing the petitioner of tampering with a Letter of Intent/Undertaking regarding the allotment of flats in a housing society. The petitioner had initially expressed interest in purchasing a flat, which was later allegedly altered in her absence to show a change in the flat allocation.
The petitioner argues that the FIR is false and claims that the Co-operative Court had previously decided in her favor concerning the flat allocation, making the FIR invalid. However, the police investigation, including a Handwriting Expert’s report, indicated prima facie evidence of tampering with the document, leading to the charge sheet being filed against her.
The court found that resolving the dispute over the flat's allocation and the forgery accusation requires a detailed examination of facts, which should be determined by the Co-operative Court and the Metropolitan Magistrate’s Court. The petitioner's claim that the FIR should be quashed was dismissed because this would essentially require a trial, which is not appropriate at this stage under Article 226 of the Constitution or Section 482 of the Criminal Procedure Code.