CRM No. M-22157 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-22157 of 2011 (O&M) Date of decision: 27.9.2011 Shri Sukhpreet Singh & another ...Petitioners Versus State of Punjab & another ...Respondent CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. S.S. Narula, Advocate for the petitioners. Rajan Gupta, J (oral). In this petition under Section 482 Cr.P.C., the petitioners seek quashing of FIR No.84 dated 23rd July, 2008 (Annexure P-1), registered against them under Sections 420, 467, 468 and 471 IPC at Police Station Division No.7, Jalandhar. Learned counsel for the petitioners submits that from a perusal of the FIR, no criminal offence is made out. The investigating agency presented challan without sufficient evidence and the petitioners are facing trial on totally frivolous allegations. In any case, allegations can only make out a case of civil nature and thus, the FIR deserves to be quashed. FIR was lodged by Narinder Singh alleging that the petitioners had induced him to deliver rupees one crore and fifty lacs in view of agreement to sell dated 25th September, 2006 on the pretext of selling a property though they were not owners of the same, thus, not legally entitled to sell. It was also alleged that the accused had forged CRM No. M-22157 of 2011 2 the agreement to sell dated 25th September, 2006 intending it to use it for the purpose of cheating the complainant. They used the said forged documents and held out to the complainant as if same was genuine, in order to defraud him. Pursuant to the FIR, investigation ensued. The investigating agency came to the conclusion that accused were guilty of commission of offence under Sections 420, 467, 468 and 471 IPC and presented its final report before the competent court on 30th July, 2009. Charge was framed in the case on 18th October, 2010 and at present trial is going on. The allegation against the petitioners is that they forged the agreement to sell and on the basis of the same, complainant delivered rupees one crore and fifty lacs to them. The transaction was entered into by the accused on the basis of a forged document and with the knowledge of the fact that they were not entitled to sell the property on the basis of the same. The contention of the petitioners that the matter is basically of civil nature, is without any merit. Charge has already been framed in the case. Thus, there is no ground to interfere in inherent jurisdiction of this court. The factual contentions raised, can only be gone into after some evidence is led before the trial court. It is not possible for this court to come to a conclusion at this stage that no offence is made out. The petition is without any merit and is hereby dismissed. (RAJAN GUPTA) JUDGE 27.9.2011 'rajpal'