JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

2. This appeal has been preferred against the Judgment and Order dated 13.02.2009 of the Punjab & Haryana High Court at Chandigarh in Criminal Misc. No. 4136 of 2003, wherein the First Information Report (for short, “FIR”) dated 23.07.2002 lodged by the appellant under Sections 420/423/467/468/471/120-B of the Indian Penal Code, 1860 (hereinafter called as, “IPC”) has been quashed placing reliance on the decree of Civil Court between the same parties in respect of the same subject matter.

3. The only question for our consideration involved in this appeal is as to whether criminal proceedings can be quashed by the High Court relying upon a finding of Civil Court on an issue involved in criminal proceedings in respect of the same subject matter.

4. Facts and circumstances giving rise to this case are that one Kishori Lal executed an Agreement to Sell dated 4.1.1988 in favour of Respondent Nos. 1 to 4 for land measuring 114 Kanals, 2 Marlas situate in the revenue estate of Mauza Jadali, Tehsil Khanna, Punjab, at the rate of Rs. 11000/- per bigha. Kishori Lal had received a sum of Rs. 1 Lakh as Earnest Money from the said respondents. T