MALKIT SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) for quashing of FIR No. 173 dated 15.12.2004 under Sections 406 and 420 of the Indian Penal Code, 1860 registered at Police Station Guhla District Kaithal (Annexure P-1) and all the subsequent proceedings arising therefrom.

(2.) Case of the complainant, as per the FIR, in brief, is that the accused had offered to sell their residential house to her and in this regard, agreement to sell was executed on 18.5.2001. Rs. 2,00,000/- were received by the accused towards earnest money out of total sale consideration of Rs. 4,67,000/-. The sale deed was to be executed on or before on 20.11.2001. Possession of the house was to be delivered to the complainant at the time of execution of the sale deed. The date for execution of the sale deed was extended to 20.5.2002 on the request of the accused and thereafter, it was again extended to 22.12.2002. On 21.12.2002, accused persons handed over the possession of the house to the complainant and received Rs. 1,00,000/- in cash from the complainant. However, on 22.12.2002, the accused failed to appear to perform their part of the contract before the Sub Registrar.

(3.) Learned counsel for the petitioner has submitted that the dispute between the parties in the present case was purely civil in nature. Hence, the FIR in question was liable to be quashed.