SAPANA SINGH SOLANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission as well as IA No. 1402/20 for stay.

(2.) On 26.6.2019 the complainant Sonu Choudhary, car broker and commission agent, lodged a written complaint in Police Station, Kanadia that he purchased a car Chevrolet Cruze VCDI LTZ, Model 2013, registration No. MP-09- CM-7502 from Shehnai Club and Resort Pvt. Ltd. and he is having power of attorney and all the documents related to the RTO. He entered into an agreement to sell the said car with the present petitioner for a sale consideration of Rs. 5,21,786/-, out of which she paid an amount of Rs. 2,72,000/- and agreed to pay the remaining amount of Rs. 2,49,786/- within three months for which a notarized agreement dated 16.3.2019 was also executed. The complainant handed over the possession of the said vehicle to her, however, agreed to hand over the documents after payment of the remaining sale consideration. As per the complaint after expiry of 3 months and despite demand she is neither paying the remaining amount nor handing over the said vehicle to the complainant. He made various telephone calls to her in this regard, however, she alleged to have threatened him with false implication in criminal case, hence she has committed the offence of cheating with the complainant. On the basis of the said complaint, Police registered a case under Sections 420 and 406 of the I.P.C. and started investigation. During investigation Police recovered the agreement and all the documents related to the vehicle. After investigation, filed the Challan before the competent Court. The petitioner applied for anticipatory bail and vide order dated 15.10.2019 learned Court has granted anticipatory bail to the petitioner. The Police has seized the said vehicle from the possession of the present petitioner. The petitioner has also filed a complaint against the complainant in the Police Station, Kanadia but no action has been taken by the Police.

(3.) Learned Counsel for the petitioner submits that the dispute between the petitioner and complainant is purely of civil nature and the Police has wrongly registered an FIR against her. The complainant is trying to extract more money than agreed from the petitioner. When she has not acceded to his demand, he filed an FIR against her. As per the allegation, no offence under Sections 420 and 406 I.P.C. is made out against the present petitioner. The present proceedings are nothing but misuse of process of law, therefore, the petitioner has no option except to approach this Court by way this petition under Section 482 Cr.P.C. In support of his contentions he has placed reliance over the judgments passed by the Apex Court in the case of Anand Kumar Mohatta & Anr. Vs. State (Govt. of NCT of Delhi) Department of Home & Anr., LAW (SC)-2018.11.14 and S.W. Palanitkar & Ors. Vs. State of Bihar & Anr., 2001 (4) Suppl. SCR 397 in which the Apex Court has quashed the FIR on the ground that same is an effort to settle the civil dispute and claim which do not involve any criminal offence.