SHEETU RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C seeking quashing of FIR No. 150 dtd. 29/8/2016 under Ss. 420, 467, 468, 471, 120-B, 109 and 506 IPC, Police Station City, Sri Muktsar Sahib and consequential proceedings arising there from. The FIR was registered consequent upon the order dtd. 16/5/2016 (P-2) passed by the Ld. Judicial Magistrate 1st Class, Sri Muktsar Sahib against the petitioner and other accused on a complaint filed by respondent No.2.

(2.) The FIR was registered against five persons (i) Amit Kukkar, Director of the Firm M/s Nature Heights Infra Ltd. (ii) Harpreet Kaur d/o Hargobind Singh (iii) Shal Lai Bansal s/o Amar Nath (iv) Sanjay Kumar and (v) Sheetu Rani - petitioner, with the allegations that the complainant Ujjaggar Singh had retired from the post of Principal on 31/7/2008 fromK.V. Dantewada, District Dantewada (Chhattisgarh) which is a branch of Kendriya Vidyalaya Sangathan, New Delhi. M/s Nature Heights Infra Limited through its Director Amit Kukkar (accused No.l) had floated a scheme for purchase of real estate in various projects maintained by his company. Sham Lai Bansal - accused No.3 was Relationship Manager in the said Company. Accused Amit Kukkar instigated the complainant to become the Member of the Company. He in connivance with the marginal witnesses and the stamp vendor executed two agreements to sell with complainant on 18/12/2012 and 9/12/2012 respectively regarding land situated at Guruharsahai Road, Muktsar-III and village Bringali, Tehsil Mukerian, District Hoshiarpur. As per the agreement to sell, the total price of the property/plot (application/client No. 5752/10000171) situated in Muktsar-III was fixed at Rs.7,56,250.00. Accused No.l in presence of marginal witnesses received Rs.1,89,063.00 as earnest money from the complainant. The Company was to receive the second and third installments of Rs.1,86,063.00 till 14/3/2013 and 14.06. 2013 respectively. It was assured that it would get the sale deed registered after receiving the fourth and last installment of Rs.1,89,063.00 till 4/9/2013. It was also stipulated between the complainant and accused No.l that the physical possession of the said land will be delivered to the purchaser i.e. complainant at the time of execution of the sale deed.

(3.) As per agreement to sell the total price of the property/plot bearing No. 10046697 situated at village Bringali, Tehsil Mukerian now Tehsil Talwara District Hoshiarpur was fixed at Rs.2,25,000.00. It was also stipulated that at the time of execution of the sale deed the purchaser i.e. complainant would pay a sum of Rs.2,25,000.00. The period for executing the sale deed was within four years. It was also agreed that the purchaser i.e. complainant would be at liberty to pay such amount in installments of Rs.56,250.00 payable during these four years.