- (1.) The petitioners, herein, are praying for quashing of FIR No.104 dated 02.09.2011 under Section 420 IPC registered at Police Station Sadar, Khanna, District Ludhiana.
(2.) The facts, in short, are that the petitioner No.1 is the owner of some land in Village Mandiala Kalan, Tehsil Khanna, District Ludhiana. Vide agreement to sell dated 06.08.2008, he agreed to sell land measuring 16 kanals 4 marlas at the rate of Rs.1.50 crore per acre to respondent No.2 and one Man Singh in 30-70 share, respectively. At the time of agreement, the complainant-respondent No.2 paid Rs.9 lacs and Man Singh paid Rs.21 lacs, totaling Rs.30 lacs to petitioner No.1. Isher Singh. The present petitioner along with his son Gurjot Singh appeared before the Registrar Khanna for execution of sale deed of the said land on 05.10.2009. Admittedly, the respondent-complainant-Jaspal Singh, the proposed vendee, was duly present for execution of the agreement to the extent of his share i.e. to buy 30% share as per the agreement. However, it transpired that Man Singh could not appear as he had meanwhile expired on 01.04.2009. The petitioner No.1 admittedly refused to sell 30% share out of the said land to the respondent-complainant-Jaspal Singh on the ground that he will sell the whole land and if Man Singh had died, the respondent-complainant-Jaspal Singh should bring the legal heirs of Man Singh. Since, Jaspal Singh was not in a position to bring the legal heirs of Man Singh. The petitioner taking advantage of the death of Man Singh refused to execute the sale deed to the extent of 30% share and even refused to return the earnest money. Having been cheated. the respondent-complainant has filed the present FIR.
(3.) While praying for quashing of the proceedings, learned counsel for the petitioners submitted that it was a civil dispute and relied on the judgments of Hon'ble the Apex Court rendered in the case titled as Joseph Salvaraj A. v. State of Gujarat and ors., 2011 5 LawHerald(SC) 3792 and Ram Biraji Devi and anr. v. Umesh Kumar Singh and anr., 2006 3 RCR(Cri) 308, as well as, the judgment of this Court rendered in the case titled as Manisha Goyal vs. State of Punjab, 2006 1 RCR(Cri) 162.;