MANJU KAPOOR Vs. STATE OF PUNJAB & ORS

JUDGEMENT

(1.) In this petition, the petitioner who is an accused in F.I.R. No.226 dated 31.12.2012, under Section 406, later on added Section 420 of the Indian Penal Code registered at Police Station Mataur, Tehsil and District S.A.S. Nagar (Mohali), has prayed for quashing of the same.

(2.) The substance of the allegations in the FIR is that the Petitioner and one Jarnail Singh Rana had entered into two Sale Agreements with the complainants Surjit Singh and Amarjit Singh on 18.8.2008 and 14.8.2008 respectively for sale of their land. The total consideration price was fixed at Rs.13,30,000/-, out of which an amount of Rs.7,10,000/- was paid to the vendors. Originally, the Sale Deeds were to be executed on 15.1.2009, but the time was subsequently extended to 6.1.2010. However, when the complainants went to the office of Sub Registrar, the registration of the Sale Deeds was declined on the ground that the land situated on the road could not be transferred. It transpires that the same had been acquired by the Government of Punjab vide Notification dated 10.8.2009 under Section 6 of the Land Acquisition Act, 1894. The complainants' side thereafter lodged the complaint, on the basis of which the FIR was drawn up in the year 201

(3.) The grounds on which such quashing has been sought, are mentioned as follows -