SHAKUNTLA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.39 dated 21.4.2007 under Section 420 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Dakha District Ludhiana (Annexure P-2) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that in the present case the dispute between the parties was purely civil in nature. In fact, the petitioner had sent the cheque in the sum of Rs. 1,50,000/- to the complainant through registered post. Suit for specific performance of agreement to sell has already been filed by the complainant. Hence, the criminal proceedings initiated against the petitioner, who was 79 years old, were liable to be set aside. In support of his arguments, learned counsel has placed reliance on the decision of the Apex Court in Ram Biraji Devi and another vs. Umesh Kumar Singh and another, 2006 3 RCR(Cri) 308, wherein, it was held as under:-

(3.) Learned State counsel as well as learned counsel for respondent No.2, on the other hand, have opposed the petition. Learned counsel for respondent No.2 has further submitted that the petitioner had entered into the agreement (Annexure R-2/2) with the complainant on her own behalf and on behalf of her sons and had induced the complainant to part away with the earnest money.