ARUN KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of complaint No. 583 -1 of 2007 (Annexure P -2) instituted on 21.2.2007/7.12.2009, titled "Sham Sunder versus Luxmi Niwas and others" and all the consequential proceedings arising therefrom including the summoning order dated 4.3.2011 (Annexure P -1). Learned counsel for the petitioner has submitted that the allegations levelled by the complainant on the face of it did not make out a case for summoning of the accused. There was no occasion for the complainant to pay Rs. 10,00,000/ - to the accused. In fact, as per the award of the Arbitrator, arbitrators were to clear the liabilities from the balance amount left after paying half value of the house to Luxmi Niwas, Arun Kumar and Shashi Devi. House No. B -6/140 was to be sold by the Arbitrator.

(2.) AS per the award, there was no stipulation that complainant was to pay any amount to the accused for clearance of dues. Complainant had already filed a suit for recovery of the amount in question against the arbitrators.

(3.) IN the case of State of Haryana vs. Bhajan Lal, : 1992 Supp (1) SCC 335, the Apex Court has held as under: -