SUDHA RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT . Sudha Rani wife of Sohan Lal Gupta, had filed the present petition Under Section 482 Cr. P. C. for the - quashment of F. I. R. No 441 dated 29. 12. 95 registered Under Section 7 read with Section 10 of the Haryana Regulation of Urban Area Act, Police Station Gharaunda District Karnal and it has been alleged by the petitioner that a complaint was sent by the District Town Planner Karnal to the Superintendent of Police Karnal alleging that she had total area of land measuring 5 kanals 6 marlas comprised in Khasra No. 93//2/7, 93//11/2 of Khewat No, 769/3 Khata No. 1119/3 in the revenue estate of village Gharaunda District Karnal and had sub-divided 1 kanal 16 marlas of the aforesaid land into 7 plots for residential/industrial and commercial purposes without obtaining licence from the Director, Town and Country Planning, Haryana as desired Under Section 3 of the said Act. The petitioner has challenged the registration of FIR No. 441 dated 29. 12. 95 on the ground that the alleged sales are between 11. 6. 1992 to 30. 6. 1992 and that the F. I. R. has been registered after a lapse of 3 years and the challan has been presented in the year 1996 and in these circumstances the registration of the F. I. R. and submission of the challan against the petitioner is nothing but an abuse of the process of law as the case was registered beyond limitation and the challan was also submitted beyond limitation. It has also been pleaded by the petitioner that the total area of the land sold was 910 sq. yards, which is less than 1000 sq. meters and, therefore, she has not violated the provisions of the said Act.

(2.) NOTICE of the petition was given to the respondent, who filed reply denying the allegations of the petitioner. A preliminary objection was also taken by the respondent that since the challan has already been presented against the petitioner, the F. I. R. cannot be quashed. On merit it is pleaded by the respondent that the petitioner has sold the land which was more than 1000 sq. meters and as such she has committed the offence.

(3.) ANNEXURE P. 2 would make it amply clear that the offending sales are for the period w. e. f 11. 6. 1992 to 30. 6. 1992. The F. I. R. was registered in this case on 27. 12. 1995. The alleged violation is of the provisions of Section 7 of the Haryana Regulation of Urban Area Act punishable Under Section 10 of the said Act. According to Section 10 any person who contravenes any of the provision of this Act or the rules made thereunder or any condition of a licence granted Under Section 3 shall be punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.