ASHOK GUPTA Vs. DEVENDER SINGH AND ANOTHER

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.108-I dated 29.3.2011 titled 'Devender Singh vs. Ashok Gupta' under Section 420, 406, 120-B of the Indian Penal Code, 1860 (IPC for short), Police Station Civil Line Hisar (Annexure P-1) and all the subsequent proceedings arising therefrom including summoning order dated 5.7.2011 (Annexure P-2).

(2.) Learned counsel for the petitioner has submitted that petitioner was neither beneficiary nor signatory to the sale deed in question. The property in question was owned by Saroj Devi and had been sold by her through her attorney. Petitioner had been falsely involved in this case.

(3.) Learned counsel for respondent No.1, on the other hand, has submitted that the petitioner was the main accused and had shown the property in question to the complainant and had allured him to buy the same, although, it was in possession of the tenant. Case of the complainant, as per the complaint (Annexure P-1), in brief, is that the petitioner was on visiting terms with the complainant for the last 3-4 years. Petitioner told the complainant that he had a plot bearing khasra No.1331 (0-8) situated at Lajpat Nagar, Hisar along with accused Fateh Singh. Petitioner insisted that the complainant should purchase the said plot. On the allurement of the petitioner, complainant visited the plot on 28.3.2010. As per the documents shown by the accused, the plot was owned by Saroj Devi, wife of Fateh Singh. Complainant was also shown the General Power of Attorney executed by Saroj Devi in favour of Fateh Singh. Complainant was taken to the site, where a milk dairy was running.