Crl. Misc.No. M-4118 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc.No. M-4118 of 2009 (O&M) Decided on : 11-08-2011 Rajesh Gupta and others ....Petitioners VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.M.K.Gupta, Advocate for the petitioners Mr.J.S.Rattu, DAG, Haryana Mr. Anuj Raura, Advocate for respondent no.2. MAHESH GROVER, J This is a petition under Section 482 Cr.P.C praying for quashing of FIR no. 548 dated 9.10.2008 registered under Sections 406, 420 IPC at Police Station, Sector 5, Panchkula. The only plea that has been raised in the instant case is that the allegations made in the FIR do not make out any criminal liability and the dispute essentially is civil. On due consideration of the matter, I am of the considered opinion that the prayer of the petitioner cannot be answered in exercise of powers under Section 482 Cr.P.C. That apart the Court has perused the agreement to sell in which it has been projected by the petitioners that the land in question is free from all encumbrances. There is always a thin line which blears the distinction between the civil and criminal liability in such like matters. Whether there was an intent to cheat or not, is the sole distinction on the basis of which civil or criminal liability can be delinked. Crl. Misc.No. M-4118 of 2009 (O&M) 2 In the exercise of powers under Section 482 Cr.P.C, this Court has no mechanism to ascertain the aforesaid fact. Consequently, the instant petition is hereby dismissed August 11, 2011 (Mahesh Grover) rekha Judge