KAMLESH SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the FIR No. 270 dated 07.06.2012 under Section 10 of Haryana Development and Regulations Urban Area Act, 1975 registered at Police Station Civil Thanesar, District Kurukshetra and all the subsequent proceedings arising therefrom. Prosecution story, in brief, is that the petitioner had sold land vide sale deed (Annexure P -2) dated 16.12.2010 to carve out a colony without taking any permission in this regard.

(2.) LEARNED counsel for the petitioner has submitted that the petitioner had sold her entire share of property out of the joint land. Hence, criminal proceedings initiated against the petitioner were liable to be quashed. The land in question had not been divided so far by the purchasers. In support of his arguments, learned counsel has placed reliance on Matadin Vs. State of Haryana, 2005(1) RCR (Criminal) 64 wherein it was held as under: -

(3.) LEARNED State counsel, on the other hand, has opposed the petition and has submitted that the petitioner had sold her 5 kanals 5 marlas of land to three different persons. Statements of the purchasers were recorded during investigation, wherein they have stated that they have purchased the land for construction of residential houses and have also disclosed the share purchased by them out of the land sold by the petitioner.