SHYAMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shyama, aged 65 years, wife of Jai Singh, resident of Village Bandhwari, DLF Phase-1, Tehsil and District Gurugram, Haryana has filed the present petition against the State of Haryana and Parvesh Sethi son of Kewal Krishan Sethi, resident of Gali No. 3-4, Govind Nagar, Tehsil and District Sirsa, Haryana.

(2.) The present petition has been filed under Sec. 482 Cr.P.C. for quashing of FIR No. 170 dtd. 22/5/2015 registered under Ss. 420, 467, 468, 471 and 120-B of the Indian Penal Code at Police Station DLF Phase-I, District Gurugram, Haryana and all consequential proceedings arising therefrom.

(3.) As per the allegations in the FIR, the complainant entered into an agreement to sell with the petitioner Shyama on 1/6/2004 through property dealer Pratap Singh for purchase of 92/489 share in the land measuring 128 kanal 15 marla out of total land bearing Khata No. 127/132 measuring 24 killa situated in Village Bandhwari, as per jamabandi for the year 2000-2001. The rate of the land was fixed at Rs.4,50,000.00 per acre and an amount of Rs.1,00,000.00 was paid as earnest money in cash. It was represented that the land was free from all encumbrances and that no litigation or acquisition proceedings were pending with respect to the said land. It is further alleged that the complainant reached the office of the Registrar on 11/10/2004 for execution of the sale deed, however the petitioner did not appear. Later the complainant came to know that the land was involved in a case pending before the High Court at Chandigarh and an order of status quo was operating with regard to the said land. Thereafter the complainant kept waiting for execution of the sale deed and ultimately filed a civil suit before the Court of Civil Judge (Senior Division) on 24/1/2005 and later also filed a suit for specific performance, declaration and permanent injunction which is stated to be pending adjudication. It is further alleged that despite the agreement in favour of the complainant, the petitioner sold one acre of the land to other persons namely Sheetal wife of Ajit Singh, Sansar Devi wife of Hem Chand and Manju wife of Giriraj on 29/10/2010 vide registered sale deed No. 2962 and thereby violated the terms and conditions of the agreement and cheated the complainant.