BHAG SINGH Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) THE petitioner is seeks quashing of FIR No. 44 dated 5.6.2004, registered under Sections 420, 465, 467, 468, 471, 511, 506, 120B IPC, Police Station Kurali, District Ropar at the instance of respondent No. 2 Parminder Kaur.

(2.) IT has been contended by learned Counsel for the petitioner that the agreement to sell in question is a genuine document for consideration, for which a civil suit has already been preferred by the petitioner for specific performance against respondent No. 2 and that apart there is a delay of about 2 years in registration of the FIR, since the agreement to sell in question is of 28.8.2002 while the impugned FIR, has been registered on 5.6.2004.

(3.) MOREOVER , mere filing of the civil suit gives no ground for quashing of criminal proceedings as the allegations in the criminal trial need to be independently established. A reference in this regard can be made to dicta of Hon'ble Supreme Court in the case of M. Krishan v. : 2001CriLJ4705 . That apart, petitioner has already been charge -sheeted by the learned trial court and the revision preferred against that order has also been dismissed by the revisional court and it has been held by the Hon'ble Apex Court in the case of Manjula Sinha v. State of U.P., 2007 (3) R.C.R. (CrI.) 779, that question of quashing of FIR does not arise where the charges have been framed.