Naresh Kumar Sanghi, J. - (1.) THE present petition has been filed by the petitioner -Gagandeep under Section 482, Cr.P.C., for quashing of FIR No. 66, dated 17.12.2011, under Sections 120 -B, 406 and 420, IPC, registered at Police Station, Division No. 8 (Kailash Chowk), Ludhiana (Annexure P -12) and all the consequential proceedings arising therefrom.
(2.) LEARNED counsel for the petitioner submitted that perusal of the FIR would reveal that no offence under Section 120 -B, 406 and 420, IPC, is made out so far as the petitioner, Gagandeep, is concerned; a case of civil dispute has been given the shape of the criminal case; respondent No. 2/complainant, Bhupesh Gogia did not honour the obligations arising out of the agreements Annexures P -1 and P -2 and insisted upon to transfer the land in favour of respondent No. 2/complainant under the garb of the impugned FIR. He further submitted that respondent No. 2/complainant wanted to get the sale deed executed without making the entire payment as had been agreed between Inderjit and respondent No. 2/complainant; that the impugned FIR was lodged with mala -fide intention just to wreak vengeance; and that the allegations levelled in the FIR are absurd and miserably improbable on the basis of which no prudent person could ever reach a conclusion that there was sufficient ground for proceedings against the petitioner. In support of his contentions, learned counsel for the petitioner has placed reliance on the following judgments: - 1. Inder Mohan Goswami & Anr. vs. State of Uttaranchal & Others, : 2007(4) RCR (Criminal) 548; 2. Suresh Vs. Mahadevappa Shivappa Danannava & Anr., : AIR 2005 Supreme Court 1047; 3. Nageshwar Prasad Singh alias Sinha vs. Narayan Singh and another, : AIR 1999 Supreme Court 1480;
(3.) ALL Cargo Movers (I) Ltd. vs. Dhanesh Badarmal Jain & Anr., : AIR 2008 Supreme Court 247;;