KRISHAN BALDEV Vs. STATE OFPUNJAB AND ANR.
LAWS(P&H)-2011-8-183
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 08,2011

Krishan Baldev Appellant
VERSUS
State Ofpunjab And Anr. Respondents

JUDGEMENT

Sabina, J. - (1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 291 dated 19.8.2010 (Annexure P -1) under Section 420, 467, 468, 471,120 -B of the Indian Penal Code, 1860 (Indian Penal Code, 1860 for short) registered at Police Station City Kotwali, Patiala and all the subsequent proceedings arising therefrom.
(2.) LEARNED Counsel for the Petitioner has submitted that the dispute between the parties was purely civil in nature. Civil Suit filed by the Petitioner seeking specific performance of agreement to sell in question was pending. The FIR in question had been lodged by Respondent No. 2 to pressurize the Petitioner in the civil case. Learned Counsel for Respondent No. 2, on the other hand, has submitted that the agreement to sell in question had not been executed by Respondent No. 2. In fact, the Petitioner and Respondent No. 2 were having dealings with each other as the Petitioner was doing the business of commission agent and Respondent No. 2 was selling his crop to the Petitioner. The Petitioner had misutilised the blank paper which already had the thumb impression of Respondent No. 2.
(3.) AFTER hearing learned Counsel for the parties, I am of the opinion that the present petition deserves to be allowed.;


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