KANWAL KISHORE GARG Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Crpc for quashing of the F. I. R. in question and all the proceedings originating and emanating there from. I have heard the learned counsel for the parties and carefully gone through the contents of the F. I. R. in question.

(2.) THE allegation against the petitioner is that respondent No. 2 paid to the petitioner Rs. 10,31,000/- as advance for the purchase of a property. An agreement to sell was executed between the parties. The contention of respondent No. 2 is that the petitioner backed out from his commitment and neither returned the money nor executed the sale deed and when respondent No. 2 requested the petitioner for executing the sale deed, the petitioner threatened him.

(3.) I am convinced that the contents of the F. I. R. do not constitute the commission of any offence. It is a pure and simple civil transaction between the parties. Respondent No. 2 is always at liberty, if so advised, to initiate action under civil law for obtaining appropriate reliefs from a civil court of competent jurisdiction.