AI Structured Summary
Not yet generated for this judgment
Judgment
N.N. Mathur, J.—By way of instant revision petition u/s 482 Cr. P.C. the petitioner seeks to quash FIR No. 95/2003 Police Station Nohar, District Hanumangarh for offence u/s 420 I.P.C.
I have perused the FIR. It is alleged that the petitioner herein agreed for sale of her house situated in Nohar to private respondent Suresh Chandra for a sum of Rs. 8,50,000/-. A sum of Rs. 8,00,000/- was paid and the agreement was executed. It is further alleged that after two or three days he came to know that she has already sol a part of the portion of house to one Bishna Ram and has taken Rs. 1,00,00/- from him. It is further alleged that Champa Lal and Vinod Kumar later on prevailed upon Bishna Ram and got the agreement cancelled on 15.7.2002. The grievance of the complainant is that the petitioner is not getting the document registered.
I have perused the FIR and the relevant record. It is plaint and simple case of breach of agreement which is required to be enforced by a suit for specific performance. It does not satisfy the ingredients of offence u/s 420 Cr. P.C.
In identical circumstances, the Supreme Court in Nageshwar Prasad Singh @ Sinha v. Narayan Singh & Anr. reported in 1998 C. L.R. (SC) 670 considering the dispute of civil nature, has quashed the proceedings.
Consequently, the petition is allowed. The proceedings in FIR No. 95/2003 Police Station Nohar stand quashed.