Crl. Misc. No. M-18180 of 2007 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-18180 of 2007
Date of decision: January 21, 2009
Jaswant Singh & others --- Petitioners
Versus
State of Punjab & others ---- Respondents
Before: Hon’ble Mr. Justice Rajan Gupta
Present: Mr. HS Diwana, Advocate, for the petitioner.
Mr. Shilesh Gupta, DAG, Punjab.
Mr. AK Walia, Advocate, for the complainant.
Rajan Gupta, J (Oral).
The petitioners in this case have sought quashing of the
FIR registered at police station Sadar Ludhiana under Sections 420,
506,120-B IPC and Section 25 of the Arms Act vide FIR No. 210
dated 22-9-2006.
The grievance of the petitioners is that the allegations
levelled in the FIR do not show that any offence is made out against
the petitioners. Besides, the criminal proceedings have been
launched by respondent No.2 maliciously and on false allegations.
Counsel for the petitioners has contended that the entire
litigation has been initiated only with a view to get back the amount of
Rs. 50 lacs, which is subject matter of agreement to sell between the
parties. He further contends that as per terms of agreement to sell,
a 30 ft. wide road was to be provided or the amount of Rs.50 lacs
was to be returned and the dispute has arisen because of the
Crl. Misc. No. M-18180 of 2007 2
allegations that neither said 30 ft wide road had been provided, nor
the said amount was returned. According to counsel for the
petitioners, in fact a 30 ft wide road is already in existence at the
said place and as such the allegations levelled in the FIR are totally
false.
Learned State counsel, on the other hand, has contended
that no ground for quashing the FIR is made out as the factual
pleas raised by the petitioners herein can only be considered by the
trial Court at the time of trial.
After hearing counsel for the parties and giving my careful
thought to their respective submissions, I am of the considered view
that it is not a fit case for quashing the FIR in exercise of inherent
powers under Section 482 Cr.P.C.
A perusal of the FIR, Annexure P4 goes to show that a
number of allegations have been levelled therein against the
petitioners. These allegations can be gone into only by the
investigating agency or the court below during trial which may
ensue. The submissions made by counsel for the petitioners do
not make out a case for quashing on the ground that from a bare
perusal of the FIR, no case is made out against them.
No other argument has been addressed.
In view of the above, no case for quashing the FIR is
made out. The instant petition is dismissed.
[Rajan Gupta]
Judge
January 21, 2009.
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