CHARANJIT SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have approached this Court by way of filing the present petition under Sec. 482 Code of Criminal Procedure,1973 (hereinafter CrPC) for quashing of FIR No. 250 dtd. 30/11/2016 under Ss. 420/120-B of IPC registered at Police Station Sadar Dhuri, District Sangrur (Annexure P-1).

(2.) The brief facts of the present case are that the petitioner had entered into an agreement to sell dtd. 4/12/2015 with the complainant-respondent No.5 for sale of land measuring 56 kanal 10 marlas situated at village Ali Sher for a consideration of Rs.15,25,000.00 per acre (8 kanals). The petitioners namely Jiwan Kumar and Charanjit sons of Ram Pal had received Rs.10.00 lacs as earnest money on 4/12/2015, thereafter Rs.15.00 lacs more as earnest money were received by them on 6/4/2016. As such, they had received a total amount of Rs.25.00 lacs was received by the petitioners from the complainant-Respondent No. 5 and it was settled to get the sale deed executed. On 20/5/2016, the complainant went to the office of Sub Registrar, Lehra to get the sale deed executed along with the remaining expenses of sale deed, stamp papers and witnesses but the petitioners did not turn up. The petitioners, in connivance with each other, intended to usurp the earnest money of Rs.25.00 lacs by not executing the sale deed.

(3.) Learned counsel for the petitioners inter alia contends that the present FIR is lodged on the basis of non-compliance of the condition incorporated in the agreement to sell dtd. 4/12/2015 in which the allegations are that the petitioners have received a sum of Rs.25.00 lacs and the target date for the execution of the sale deed was fixed as 20/5/2016. The private respondents kept on requesting the petitioners to execute the sale deed in terms of the agreement to sell, however, they did not come forward for the same and as such, on the basis of complaint filed by respondent No.5, the present FIR was registered on 30/11/2016.