SURYA KANT,J - (1.) IN this petition under Section 482 Cr.P.C., the petitioner has sought quashing of FIR No. 127/2005 dated 3.9.2005, under Sections 406/420 IPC, registered at Police Station Dakha, District Ludhiana and the proceedings, if any, arising out therefrom.
(2.) THE facts may be briefly noticed. The petitioner is a 60 years old widow. She, being owner in possession of agricultural land measuring 4 acres situated at village Bhanohar, P.S. Dakha, District Ludhiana, entered into an agreement to sell dated 27.9.2004 (Annexure P-2) with respondent No. 2 to sell the said land to him at the rate of Rs. 26,50,000/- per acre. Out of the total sale consideration of Rs. 1.06 crores, the petitioner was paid earnest money of Rs. 15 lacs by respondent No. 2 on 27.9.2004. It was stipulated in the agreement that respondent No. 2 shall further pay a sum of Rs. 10 lacs to the petitioner by 10th November, 2004, whereas the balance amount of sale consideration was to be paid at the time of execution of the sale-deed, for which the last date agreed upon between the parties was 25.10.2005.
(3.) IT is alleged that respondent No. 2 failed to make further payment of Rs. 10 lacs by 10.11.2004, he, therefore, approached the petitioner for extension of time to which the petitioner agreed and both the parties made the following endorsement on the agreement to sell itself :- "Today, i.e. 10.11.2004 the period of part payment which was to be paid to me has been extended to 10.12.2004 with the consent of both the parties. The remaining terms and conditions will remain the same as before." ;