DAVINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for quashing of FIR No. 106 dated 15.5.2004, registered under Sections 406/420 of the Indian Penal Code at Police Station City, Hoshiarpur and all subsequent proceedings arising therefrom.

(2.) COUNSEL for the petitioners contends that a perusal of the allegations in the FIR, reveal that the petitioners were required to return a sum of Rs. 9,84,708/-, which they failed to return. Thereafter, in order to discharge the aforementioned liability, the petitioners allegedly executed an agreement to sell Kothi No. 692/D, New Model Town, Hoshiarpur, bearing Khasra No. 8//24/3/2/(0-2), 25/1/2/2/(2-12), 15/4/5/9 (0-1) 5/1/1 (1-2). However, as the sale deed could not be executed, respondent No. 2, lodged the present FIR. It is contended that prior to the lodging of the FIR, respondent No. 2, filed a suit for specific performance of the agreement to sell (Annexure P-2). Vide order dated 30.7.2004, the civil suit, was withdrawn by the complainant, by making a statement that he had received the entire amount, due from the petitioners. It is, thus, contended that as the FIR does not disclose the commission of any offence, much less an offence under Section 420 of the IPC, the ingredients of an offence under Section 420 of the IPC, namely; dishonest intention at the inception of the transaction being absent, no offence under Section 420 of the IPC is made out.

(3.) COUNSEL for the State of Punjab, on the other hand contends that the allegations levelled in the FIR, make out an offence under Section 420 of the IPC. The petitioners did not return the amount of Rs. 9,84,780/- nor the amount payable thereon. The petitioners also failed to execute a sale deed, which they had agreed to execute in discharge of their financial liability. In this view of the matter, the present petition be dismissed.