ISHWAR DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Section 482 Cr.P.C. prayer is for quashing F.I.R. No.192 dated 23. 1984 P.S. Central, Faridabad, under Section 465/468/471/419/420/120 -B I.P.C. and all the subsequent proceedings taken thereon.

(2.) 1 brief, the facts are that Haryana Urban Development Authority (In short the H.U.D.A.) vide allotment letter dated 11.8.1981 allotted plot No.7, Sector 29, Faridabad to one Sandeep Kumar, resident of Punjab Steel Forging and Agro Industries, G.T. Road, Maharaj Nagar Gobindgarh, District Ludhiana. Later on, on the basis of the affidavit filed by Sandeep Kumar, the plot was transferred in favour of Ishwar Devi and Santosh Devi, petitioners 1 and 4 herein. A letter in that regard was issued by the Estate Officer, H.U.D.A., to petitioner land 4 and also Sandeed Kumar. It is the case of the petitioners that Sandeep Kumar had approached them in the month of July 1981 and represented that he was the owner of plot No.7, Sector 29, Faridabad and expressed his desire to sell the same for a total consideration of Rs. 75,000/ -. According to the petitioners, they verified about the genuiness of the documents relating to the plot, from the H.U.D.A. authorities who verified the same to be correct. Petitioners consequently agreed to purchase the said plot and paid an advance of Rs. 10,000/ - to Sandeep Kumar who in turn applied for permission to sell. On 8.8.1981, the said Sandeep Kumar filed an affidavit and indemnity bond before the Estate Officer for transfer of plot in favour of Ishwar Devi and Santosh Devi petitioners 1 and 4. After payment of sale consideration and on complying with all the procedure/requirement, the H.U.D.A. authorities transferred the plot in favour of petitioners 1 and 4. After the despatch of the said letter, one Chander Parkash claiming to be father of Sandeep Kumar approached the H.U.D.A. authorities and complained that his son, Sandeed Kumar never agreed to transfer the plot in favour of petitioners 1 and 4. He also filed an affidavit of Sandeep Kumar to support his contention. Chander Parkash also filed a complaint to the senior Superintendent of Police, Faridabad on 8.11.193 alleging that petitioners had forged the documents and got the plot transfers, in their name, thereby causing him wrongful loss. On the basis of the complaint, F.I.R. No.192 dated 23, 1984 was registered against the petitioner.

(3.) THE contention raised by Mr. Dhuriwala, counsel for the petitioner is that to allow the prosecution to proceed with the case at this belated stage, i.e. after about 12 years of registration of F.I.R., would amount to an buse of process of the court.