- (1.) Petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.121 dated 15.9.2008 under Sections 406, 420, 465, 467 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) read as under:- "Sir, it is requested that we Satpal Singh son of Mohan Singh son of Warriam Singh are resident of 38 Gilco Valley, Rup Nagar. We had purchased one shop No.16 for a total sale consideration of Rs. 1,45,000/- from Bhupinder Pal Singh son of Sham Singh, 524, Zail Singh Nagar, Rup Nagar and Manjit Singh son of Sohan Singh, resident of 3488, Sector 38-D, chandigarh on 31.1.2006 vide sale deed No.3683 before Sub Registrar, Rup Nagar. The agreement to sell of the same was executed by Bhupinder Singh and the sale deed was got registered by Manjit Singh. On the basis of that registered saled deed, mutation was also sanctioned in our favour. But these persons has not delivered us the possession on the spot. The shop, which was shown to us in the map, that is in the possession of some other person. Therefore, these dealers have committed an offence under Section 420 IPC with us. They have received full payment of the shop but has not delivered the possession to us. Possession of the same may kindly be got delivered to us and legal action may kindly be taken against them. We shall be highly obliged."
(3.) Learned counsel for the petitioners has submitted that a perusal of the FIR showed that no criminal offence had been committed by the petitioners. The complainant, if aggrieved, could have filed a suit for possession.;