CRM No.M-12375 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.M-12375 of 2009 (O& M) Date of decision: 28.09.2011 Ranjit Singh & another ......Petitioners Versus State of Punjab & another ......Respondents CORAM:HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present: Mr.C.L.Pawar, Advocate, for the petitioners, Mr.Vishal Munjal, Addl. AG, Punjab, Mr.Naresh Jain, Advocate, for respondent No. 2. ****** Augustine George Masih J. (Oral) Prayer in the present petition is for quashing of the FIR No. 1 dated 04.01.2008 registered under Sections 420, 120-B Indian Penal Code, Police Station City, Roop Nagar District Ropar (Annexure P1) and all subsequent proceedings therefrom. Counsel for the petitioners contends that a bare perusal of the FIR would indicate that the present litigation between the complainant, Manjit Kaur and the petitioners is purely of a civil nature as she primarily alleges non-payment of her share which she is entitled to as per the agreement to sell dated 21.09.2006 which has been taken by Ranjit Singh - petitioner No.1 and has not been disbursed to her. He contends that for the recovery of the said amount and claiming her share in the said agreement to sell, she has already initiated a civil suit which is pending before Additional Civil Judge, Sr. Division, Ropar which finds mentioned in the FIR itself. He, CRM No.M-12375 of 2009 2 on this basis contends that the present FIR is sheer misuse of process of law where a civil litigation has been given the shape of a criminal proceeding with an intention to harass the petitioner and to coerce him to make payment. He, accordingly, prays for quashing of the FIR. Counsel for the respondent- State as also counsel for complainant-respondent No. 2 submits that during the pendency of the agreement to sell, the petitioners executed a sale deed on behalf of the complainant also as she had given her power of attorney in favour of petitioner No. 1 and further she had not been paid the share of the amount which she is entitled to as per the agreement to sell dated 21.09.2006. On this basis, they contend that the offences of misappropriation and cheating is clearly made out and since Lal Singh, petitioner No.2 had connived with him, therefore, Section 120-B IPC is also attracted. I have heard counsel for the parties and have gone through the record of the case. It is not in dispute that complainant- respondent No.2 is sister of Ranjit Singh, petitioner No. 1. Ranjit Singh is the power of attorney holder of Manjit Kaur, respondent No.2. He had, along with others, entered into an agreement to sell dated 21.09.2006 according to which, complainant can be said to have some share of the earnest money which was handed-over to him. Further that amount had not been paid to the complainant and for claiming the same, she has already filed a civil suit which is pending before the Additional Civil Judge, Sr. Division, Ropar. The present FIR cannot be said to disclose an offence of cheating against the petitioners. It is an admitted position that in an FIR registered against the petitioners and others i.e., FIR No.181 dated 15.12.2007, although the complainant was initially arrayed as an accused but no challan has been presented by the investigating agency against her. Therefore, the subsequent allegations with regard to the interest of the complainant having not been properly watched by the petitioners and that she had been CRM No.M-12375 of 2009 3 roped into criminal proceedings because of the act of the petitioner No.1 is without any basis and does not make out an offence which is alleged to have been committed by him as far as the complainant- respondent No. 2 is concerned. In view of the above, there being no cognizable offence committed by the petitioners as per the FIR and the dispute being purely of civil nature which has been couched in a manner to make it a criminal case, the registration of the present FIR and all consequential proceedings arising therefrom is a clear abuse of process of law which cannot be permitted to continue any further. In view of the above, the present petition is allowed. FIR No. 1 dated 04.01.2008 under Sections 420, 120-B IPC, Police Station City, Roop Nagar, District Ropar (Annexure P-1) is hereby quashed along with all consequential proceedings arising therefrom. 28.09.2011 (AUGUSTINE GEORGE MASIH) Sailesh JUDGE