High Court Punjab-Haryana High Court

Luxmi Chand And Anr vs State Of Haryana & Anr on 4 December, 2008

Punjab-Haryana High Court
Luxmi Chand And Anr vs State Of Haryana & Anr on 4 December, 2008
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                               CHANDIGARH.



                                              Criminal Misc.45720-M of 2007

                                DATE OF DECISION : DECEMBER 4, 2008




LUXMI CHAND AND ANR.                                     ....... PETITIONER(S)

                                   VERSUS

STATE OF HARYANA & ANR.                                  .... RESPONDENT(S)



CORAM : HON'BLE MR. JUSTICE AJAI LAMBA



PRESENT: Mr. Ramesh Achint, Advocate, for the petitioner(s).
         Mr. Narender Sura, AAG, Haryana.
         Mr. Ashwani Bakshi, Advocate, for respondent No.2.


AJAI LAMBA, J. (Oral)

This petition under Section 482, Code of Criminal Procedure,

seeks quashing of FIR No.82 dated 3.5.2006 under Sections 406, 420, 467,

468, 471, Indian Penal Code, Police Station, Sampla, District Rohtak

(Annexure P-3) and the report under Section 173, Code of Criminal

Procedure (Annexure P-4).

Essentially, it has been pleaded in the petition that it is a civil

dispute. The respondent-complainant has filed a suit for specific

performance of the agreement. No criminal culpability can be read in the

facts and circumstances of the case and, therefore, the FIR and subsequent

proceedings are required to be quashed.

Criminal Misc.45720-M of 2007 2

It is brought out that an agreement to sell was executed by the

petitioners on 23.4.2003, to sell 67 kanals 13 marlas of land. It seems that

the land is owned by the co-sharers, all family members. The last date of

execution was fixed as 22.7.2004. A total sum of Rs.53,10,000/- was

taken by the proposed vendors. Mai Chand and Inder, two of the brothers

who were co-sharers in the land, in performance of their part, executed the

sale deed on 3.9.2004, in favour of the respondent-complainant. The said

two persons have not been arrayed as accused. The date for executing the

sale deed was extended till 3.3.2005.

On the part of the petitioners, the sale deed was not executed.

The FIR has been lodged on the premise that the complainant had money

available with him and went to the office of the Sub Registrar for

execution of the sale deed, which was not done. The offences have been

committed in so much as the land has been sold in favour of other persons

in February, 2006. The earnest money has not been returned nor the sale

deed executed in favour of the respondent-complainant.

It has been pleaded by the learned counsel for the respondent-

complainant that the agreement to sell was used to extract earnest money

and the petitioners never had any intention to execute the sale deed.

Learned counsel for the respondent-State has pointed out that

the investigation has been concluded and the final report under Section

173, Code of Criminal Procedure, has already been filed. Even charges

have been framed and the trial court is seized of the matter.

I have considered the issue involved.

The simple contention of the learned counsel for the
Criminal Misc.45720-M of 2007 3

petitioner that no criminal culpability is involved, cannot be adjudged at

this juncture. This is particularly so as the Investigating Agency has,

prima facie, found incriminating material to indicate commission of the

offences. The final report under Section 173, Code of Criminal

Procedure, along with the material has been considered by the trial court

and the trial court has framed charges. The trial court is seized of the

matter and having concluded that, prima facie, the offences are made out,

in the facts and circumstances of the case, inherent jurisdiction under

Section 482, Code of Criminal Procedure, cannot be invoked to adjudge

the petitioners innocent, after taking evidence on affidavits and counter

affidavits.

I have also considered the issue that two of the brothers, even

after the last date for execution of the sale deed i.e. 22.7.2004, executed

the sale deed on 3.9.2004 thereby accepting the extended date of

execution of sale deed i.e. 3.3.2005. It would be for the trial court to see

whether the petitioners had criminal intent or not. On the basis of

documents placed before me, it cannot be held that the petitioners are

innocent.

In view of the above, the petition is dismissed.

December 4, 2008                                           ( AJAI LAMBA )
Kang                                                               JUDGE