PARTIBHA Vs. SUBHASH AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 03.02.2014 (Annexure P-2) passed by the trial Court in criminal complaint No.92 of 19.10.2009/RBT case No.167/08.06.2011 under Sections 420, 467, 468, 471, 195/34 of the Indian Penal Code (for short 'IPC'), vide which the trial Court has dismissed the complaint as well as the order dated 21.11.2015 (Annexure P-3), vide which the revision petition filed by the petitioner was also dismissed by the revisional Court.

(2.) Brief facts of the case are that the petitioner-complainant filed a complaint under Sections 420, 467, 468, 471, 195/34 IPC with the allegations that she is a Sanskrit Teacher in Govt. School. Accused No.1 Subhash is serving as Head Constable in Haryana Police and is posted in Police Lines, Rohtak. It is further stated that children of the petitioner-complainant and respondents-accused, who are husband and wife, are studying in the same school and class, therefore, both the family members developed acquaintance and enjoyed confidential and close relations. Accused No.1 Subhash is in the habit of minting money and dealing in property business and manages govt. job on receiving the payment from unemployed youth. It is further stated in the complaint that the complainant has executed an agreement to sell for the purchase of two plots situated on Chamarian Road, Rohtak through one Sh.

(3.) Krishan Hooda from one Sh. Bhoop Singh resident of Vijay Nagar, Rohtak in the month of December, 2014. The complainant paid an amount of Rs.10,000/- to Sh. Krishan Hooda as token money. Thereafter, agreement was scribed through Sh. Umesh Sharma and an amount of Rs.80,000/- including the token money, already paid by the complainant, was considered as earnest money. In the meantime, accused persons, who are husband and wife, enjoying the fiduciary relationship with the complainant, stated in May, 2007 that they have settled with the seller Sh. Bhoop Singh for execution of the sale deed of aforesaid two plots and on such representation, the complainant handed over an amount of Rs.20 lacs as full and final consideration of the aforesaid two plots and also handed over the agreement to sell and receipts to accused Subhash.