BALBIR SINGH Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. wherein the petitioner seeks quashing of FIR No.126 dated 20.03.2010, registered under Sections 420, 467, 468, 471 IPC, Police Station Camp Palwal, District Palwal and the subsequent proceedings including the challan.

(2.) The only question for consideration involved in this petition is whether the criminal proceedings can be quashed by the High Court relying upon a finding of the civil Court on an issue which was the basis of lodging the criminal proceedings in respect of the same matter.

(3.) The facts and circumstances giving rise to the present case are that Harinder Singh owns land within the revenue estate of Palwal. Fateh Singh son of Balbir Singh and the complainant were partners in the business of selling plots. The complainant had kept a sum of Rs.2 lacs with Fateh Singh and he did not return the amount. The complainant was insisting for return of the amount. The allegations are that Fateh Singh prepared a fake agreement to sell with respect to his property falling in Killa No.9/2 (12 13) total measuring 18 Kanal 17 Marlas to the extent of 1/2 share in favour of Mahabir son of Amar Singh and showed therein that an amount of Rs.4 lacs had been paid as earnest money. Thereafter, Fateh Singh threatened the complainant that if he asked for Rs.2 lacs then he would take his land on the basis of agreement to sell and he would not be able to do anything. The complainant had alleged that he had not entered into any agreement to sell and the agreement had been made by Fateh Singh by forgery.