MEENAL JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, prayer has been made for quashing of FIR No.43 dtd. 23/1/2018 (P-1) registered under Sec. 10 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to as "the Act") at Police Station Safidon, District Jind about the alleged violation of Sec. 7 (i) of the Act and all the consequential proceedings arising therefrom.

(2.) As per allegations levelled against the petitioners who happen to be the co-sharers of land situated in the Revenue Estate of Safidon, District Jind, sold their ownership to certain private individuals in the shape of small plots in violation of Sec. 7(1) of the Act vide six different sale deeds between 7/12/2012 to 7/11/2014 for the purpose of carrying out unauthorized colonization resulting into registration of aforementioned FIR. By way of present petition, the said FIR has been challenged.

(3.) Learned counsel for the petitioners submits that petitioners executed sale deeds qua the land in question in favour of certain private individuals from 7/12/2012 till 7/11/2014; whereas the FIR in question was registered against them on 23/1/2018 i.e. much after the expiry of 03 years of last sale deed. By relying upon Sec. 468 Cr.P.C., he further submits that as the maximum sentence prescribed under Sec. 10 of the Act was 03 years, the Court cannot take cognizance of the offence as alleged in the FIR once the same was registered after expiry of 03 years of the last sale deed dtd. 7/11/2014. He also submits that the complainant was conscious of construction activity being carried out at the spot as the demolition drive was carried out by the DTP Office at Jind on 10/2/2012 regarding which the petitioners were even called upon to deposit costs against the said demolition. In support he relied upon the decisions passed by this Court in case of M/s Shanti Trading Company and another Vs. State of Haryana and another passed in CRM-M-7558 of 2017 (O&M), Mahipal Vs. State of Haryana, 2018(2), RCR (Criminal) 5, Anil Sharma and Anr. Vs. State of Haryana, 2013 (16) RCR (Criminal) 83 and Janak Ran Vs. State of Haryana, 2002(4) RCR (Criminal) 248.