- (1.) Petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.138 dated 23.10.2008 under Section 420 of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Roop Nagar District Roop Nagar (Annexure P-1) and all the subsequent proceedings arising therefrom.
(2.) The contents of the FIR (Annexure P-1)reads as under:- "Sir, it is requested that we, Smt.Pushpa Kapoor wife of Banarsi Dass Kapoor, resident of House No.3062, Sector 40-D, Chandigarh and Smt.Naresh w/o Sh.Rajinder Kumar r/o village Bhukhari, Tehsil Kharar, District Mohali are resident of above mentioned addresses. That Harinder Pal Singh s/o Sh.Harbans Singh r/o House No.41, Gillco Valley, Roop Nagar, Tehsil District Roop Nagar had entered into an agreement to sell with Bhupinder Singh s/o Late Sh.Shyam Singh r/o House No.524, Giani Zail Singh Nagar, Roop Nagar, Tehsil and District Roop Nagar, for land measuring 2 biswas 2 biswahi (shop No.13, 14, 15) i.e. 42/4300 share of 10 bighas- 15 biswas vide khasra No.13 (2-16), 14 (1-11), 15 (5-10(, 15 (0-18) situated at village Paprala, Hadbast No.184, Tehsil and District Roop Nagar. Harinder Pal Singh s/o Sh.Harbans Singh r/o House No.41, Gillco Valley, Roop Nagar, Tehsil and District Roop Nagar had executed the sale deed of the above mentioned land in favour of Bhupinder Palo Singh s/o Late Sh.Shyam Singh r/o House No.524, Giani Zail Singh Nagar, Roop; Nagar, Tehsil and District Roop Nagar and had further executed the sale deed in our favour. The mutation of the above mentioned land has been sanctioned in our favour, but the shops No.13, 14, 15 which had been shown to us in the map by Bhupinder Pal Singh, the possession of the same was not delivered to us on spot. In fact, the above mentioned land is in possession of some other person. The above mentioned Bhupinder Pal Singh has received the full amount from us, but has not delivered the possession to us. Therefore, you are requested that possession of the above mentioned land may kindly be got delivered t6o us by Bhupinder Pal Singh. I would be thankful to you. Note: A copy of the registered sale deed, map and agreement to sell is appended herewith."
(3.) Learned counsel for the petitioner has submitted that a perusal of the FIR showed that no criminal offence had been committed by the petitioner. The complainant, if aggrieved, could have filed a suit for possession.;