JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CRL.M.A. 25198/2022 (Exemption)

Exemption is allowed subject to all just exceptions.

CRL.M.C. 6471/2022

1. The present petition has been filed under Section 482 Cr. P.C. in case FIR No. 115/2018 registered at PS Hazarat Nizamuddin, under Sections 323/341/34 IPC.

2. The FIR was lodged on the statement of Mohd. Yameen/complainant, who had alleged that in the year 2012, a collaboration agreement was executed by Phoolbano, wife of Hussain Shah in respect of the property No. T-73, Near Alvi Chowk Basti Hazari Nizamuddin, New Delhi for construction of basement to 3rd Floor and also agreed to construct 10 shops on the ground floor. It was alleged that as per said collaboration agreement, the complainant was entitled to half portion of basement, 1st floor and = 2nd floor with the roof right. It was alleged that the construction was completed within one year but Phoolbano and her sons Mubarak Ali, Islamuddin, Wajid Ali and other members of the family refused to hand over the physical possession of the portions of the constructed building. In the year 2016, the complainant had also filed a civil suit before the Saket Courts, New Delhi and a decree in fav