(1.) THE petitioner, by invoking Section 482 of the Code of Criminal Procedure (in short 'the Code'), has filed the present petition seeking quashing of FIR No. 05 dated 19.01.2012 registered in Police Station Shaheed Bhagat Singh Nagar for offence punishable under Sections 406, 420 read with Section 120 -B of the Indian Penal Code (Annexure P1) and proceedings emanating therefrom.
(2.) COUNSEL for the petitioner contends that in the application filed by the complainant (Respondent No. 2 -Jaswinder Kaur) on the basis whereof, the aforesaid FIR was registered, the complainant has not levelled allegations against the petitioner. As per averments set up in the application, Major Singh entered into an agreement dated 02.05.2011 for sale of 11 kanals land for a sum of Rs.20,00,000/ - in favour of Jaswinder Kaur, though he had already got a sale deed registered in favour of some other person. It was also averred that Major Singh took a sum of Rs.5,00,000/ - from her (complainant) towards earnest money. When she came to know about earlier sale deed on 08.05.2011, she approached Major Singh and he gave a cheque of Rs.2,00,000/ - towards part payment and when she went to the Bank for encashment of cheque, she came to know that he had already stopped the payment of said cheque and further did not pay the remaining amount.
(3.) IT is further argued that the petitioner is only an attesting witness to said agreement to sell and perusal of recitals in said agreement makes it evident that no payment towards earnest money or otherwise was made to the petitioner. Another submission made by counsel is that the dispute between the complainant and Major Singh has been settled by way of compromise and in pursuance thereof, the complainant has already received the entire amount earlier paid to Major Singh, as per her affidavit (Annexure P4) and the statement made before the Court of Additional Chief Judicial Magistrate, SBS Nagar (Annexure P8).