MANPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, by way of present petition filed under Sec. 482 Cr.P.C., seeks quashing of FIR No. 38 dtd. 1/7/2022 (Annexure P-1) under Ss. 420 and 120-B of IPC, registered at Police Station Bhadaur, District Barnala (Punjab) alongwith all the subsequent proceedings arising therefrom.

(2.) The FIR (supra) is primarily based on an alleged breach of agreement dtd. 17/8/2020 (Annexure P-2) executed between the father of petitioner No. 1 and father of respondent No. 2-complainant. Relevant extract from the agreement dtd. 17/8/2020 followed by the extract from the FIR (supra), are re-produced hereunder:-

(3.) Impugning the aforesaid FIR, learned counsel for the petitioners submitted that even if the contents of agreement and the FIR were taken at face value, at best, the present was a case of breach of terms of agreement and there was no element of cheating involved. Learned counsel pointed out towards the covenants under the agreement dtd. 17/8/2020, whereby in case of any delaying in tactics being adopted by petitioner No. 1 in calling respondent No.2 to Canada or petitioner No.1 getting remarried in Canada, petitioner No. 2 at best was bound to return the amount alongwith interest and thus, the proper remedy for respondent No. 2 or his father was to file a suit for recovery by seeking enforcement of the agreement dtd. 17/8/2020. Relevant portion of the agreement dtd. 17/8/2020 in this regard is reproduced hereunder:-