ASHA RANI Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code Criminal Procedure, 1973 seeking quashing of the FIR No. 91 dated13.7.2007 registered under Sections 420 of the Indian Penal Code ('IPC' for short) at Police Station City Sunam, District Sangrur and all consequential proceedings arising thereto.

(2.) Prosecution story, in brief, is that on 1.12.2004, Ravinder Kumar, Kewal Krishan and Asha Rani had agreed to sell the land measuring 5 kanals and 2 kanals 17 marlas to the complainant. The entire sale consideration of Rs. 6,93,600/- was paid by the complainant to the sellers at the time of execution of the agreement to sell. The sale deed was to be executed on 31.12.2004. The accused executed three sale deeds dated 13.12.2004, 10.1.2005 and 28.3.2005 in favour of some other persons with a view to cheat and defraud the complainant. Hence, the FIR was registered on the basis of the statement of the complainant.

(3.) Learned counsel for the petitioner has submitted that the offence under Section 420 IPC was not made out in the present case. A perusal of the FIR reveals that the necessary ingredients of offence of cheating were not made out. The complainant had lodged the FIR after two and a half years of the sale deeds executed by the petitioner and others in favour of some other persons.