- (1.)LEAVE granted. Aggrieved by an order of the Delhi High Court in Crl. M.C. No. 2685 of 2013 and Crl. M.C. No. 2686 of 2013, the de -facto complainant in FIR is before us.
(2.)THE complainant therein lodged an FIR which came to be registered Under Sections 468/467/471/120B read with Section 34 IPC against the Respondent No. 2 in each of these appeals. The dispute is regarding the sale of certain property.
(3.)ALLEGING that the dispute is purely civil in nature and, therefore, criminal case is not sustainable, the Respondent accused approached the Delhi High Court in the above -mentioned Crl. Miscellaneous cases, it appears that when the matter came up for hearing, learned Counsel for the accused did not press the matter before the Delhi High Court but made an alternative prayer that no coercive action be taken against the accused by the State pursuant to the registration of FIR. Initially, an interim order of 15th July, 2013 was passed as follows: - "...Till then, subject to Petitioners joining investigation of this case, they be not arrested in this case."
Therefore, the High Court while declining to quash the FIR, passed an order confirming the interim order referred to above. The operative portion of the order reads as follows: - "In view of the aforesaid stand taken on behalf of the Petitioners and the fact that Petitioners have already joined the investigation it would be in the fitness of things to confirm the interim order of 15th July, 2013. Without commenting upon the merits of this case, it is directed that Petitioners be released on bail subject to their furnishing bail bond in the sum of Rs. 50,000/ - each with one local surety in the like amount to the satisfaction of the Investigating Officer/Arresting Officer. It is made clear that in case Petitioners do not join further investigation or do not cooperate with the investigation then Respondent/State would be at liberty to get this order revoked. Both these petitions and applications are disposed of."