PARMOD KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition under Sec. 482 Cr.P.C., 1973 is for quashing FIR No. 188 dtd. 13/5/2015, under Ss. 403, 406, 420 and 506 IPC, Police Station Rajendra Park, District Gurgaon (P-1) and all subsequent proceedings arising therefrom.

(2.) Briefly, complainant-Jeewan Lata lent Rs.5,50,000.00 to the petitioner on 10/9/2013, for a limited period, against a cheque and affidavit/agreement between them with the condition that affidavit/agreement (P-2) and cheque in question (P-3) would be returned to the petitioner only on repayment of loan amount. According to the complainant, on 3/5/2015, petitioner called her at his. house on the pretext of repaying the loan amount. Consequently, complainant along with her husband went to the house of the petitioner, where he allegedly took back affidavit/agreement (P-2) and cheque (P-3), without repaying the amount. The petitioner also threatened the complainant and her husband that in case, they ask for money, he would commit suicide and implicate them by mentioning their names in the suicide note.

(3.) Learned counsel for the petitioner contends that return of the agreement/affidavit (P-2) and cheque (P-3) was a pre-condition before repayment of the borrowed aforesaid amount. The petitioner paid the said amount to the complainant on 7/5/2014 and take back his affidavit/agreement (P-2) and cheque (P-3). However, after one year, complainant becoming dishonest lodged false FIR (P-1) in question against the petitioner. Even otherwise, from the contents of FIR, it is apparent that dispute amongst the parties is of civil nature. Sec. 403 I.P.C. is only a definition. Therefore, petitioner could not have been prosecuted under Sec. 403 I.P.C. Ss. 420 and 406 I.P.C. are antithesis of each other. Resultantly, the petitioner could not have been prosecuted, simultaneously under both the offences. Offence under Sec. 506 I.P.C. is not made out in view of the fact that there is no allegation of criminal intimidation from the petitioner's side.