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2018 Supreme(SC) 1339

D.Y.CHANDRACHUD, M.R.SHAH
Dilbag Rai – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioner: Dr. Sukhdev Sharma, Adv., Mr. J.B. Mudgil, Adv., Dr. Shivani, Adv., Mr. Rameshwar Prasad Goyal, AOR
For the Respondent: Mr. Vishwa Pal Singh, AOR, Mr. Vijay Kumar, AOR, Dr. Monika Gusain, AOR, Manpreet K. Bhallu, Adv.

JUDGMENT :

Dhananjaya Y. Chandrachud

1. Leave granted.

2. This appeal arises from a judgment and order dated 11.2.2016 passed by the High Court of Punjab and Haryana. By the impugned judgment, the High Court has quashed the proceedings arising out of F.I.R. No. 210 dated 21.6.2014 registered under Sections 406, 420, 467, 468, 471 and 506 of the Indian Penal Code, 1860 (“the Penal Code”) at Police Station Shahabad, District Kurukshetra.

3. The complainant is in appeal in these proceedings. The case of the appellant is that on 1.12.2011, the accused, who is impleaded as respondent No. 2, entered into an agreement to sell a property admeasuring 8 marlas situated at Patti Jhabran, behind Lucky Colony, Shahabad, District Kurukshetra. An amount of Rs. 10 lakhs is said to have been paid at the time of execution of the agreement to sell. The complaint states that though the agreement recites that possession of the property was handed over, as a matter of fact, the possession was not transferred.

4. Since the accused did not proceed to complete the transaction, the appellant on 30.1.2014 filed an application before the Superintendent of Police, District Kurukshetra for registration of a complain















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