LAJJA RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition seeks quashing of FIR No.466, registered on 23.11.2010, at Police Station, Sadar, District Palwal, in respect of the alleged commission of offences, punishable under Sections 406 and 420 IPC and all consequential proceedings arising therefrom.

(2.) The report under Section 173 Cr.P.C., having already been filed by the police, the matter is stated to be pending before the Court of the learned Chief Judicial Magistrate, Palwal. The background of the case, as given in the petition and as submitted by Sh. R.S. Mittal, learned Senior counsel appearing for the petitioner, is that the petitioner, through his wife Smt. Saroj Kumari, along with her brother, one Mahender Kumar Sharma, entered into an agreement to purchase 5 kanals and 14 marlas of land in Village Dudhaula, Tehsil and District Palwal, with respondent No.2, i.e. Lal Chand.

(3.) As per the terms of the said agreement, dated 09.07.2009, petitioners' wife was to have a 1/3 rd share in the land, with her brother having the 2/3rd share. A copy of the agreement has been annexed with the petition as Annexure P-2 and as per the same, the total sale consideration for 5 kanals and 14 marlas of land, was Rs.20 lacs, of which, as is stated in the document, Rs.17,23,500/- was received by respondent No.2 in cash, and the remaining amount of Rs.2,76,500/- was to be paid at the time of registration of the sale deed, which was to be registered by 08.07.2010.