The Court cannot interfere with an ongoing investigation at a nascent stage and cannot appreciate evidence or examine the correctness of material on record for quashing an FIR.

JUDGMENT

Swarana Kanta Sharma, J. The instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioners for quashing of FIR bearing no. 186/2022 dated 27.12.2022, registered at Police Station Economic Offences Wing (`EOW') for the offences punishable under Sections 406/420/120B/34 of the Indian Penal Code, 1860 (`IPC').

2. Briefly stated, it is the case of the petitioners that they had entered into a collaboration agreement dated 05.11.2012 with the respondent no. 2/complainant, whereby petitioners had agreed to hand over the possession of their land admeasuring 26 acres 5 kanal 0 marla, situated in District Rewari, Haryana, for the development of plotted colony over the said land. As per clause 5 of the Collaboration Agreement, the land was to be developed into a residential colony by 04.01.2016. Respondent no. 2 had agreed to transfer possession of the said land of petitioners and the neighbouring land after developing it within 36 months, with an additional grace period of 2 months. However, it is stated that respondent no. 2 had disregarded the terms and conditions outlined in the said agreement, and despite the clearly stated provisions in the collaboration agreement dated 05.11.2012, respondent no. 2 had not initiated any construction activities on the aforementioned land, and thus, had completely failed to fulfill its obligations as agreed. It is stated that petitioners had continuously approached the officers/directors of respondent no. 2, urging them to honour the terms and conditions of the said agreement and to initiate the construction work. However, respondent no. 2 had given false assurances regarding the commencement of work, accompanied by a weak justification for the delay. After that, respondent no. 2 had insisted the petitioners to execute a General Power of Attorney (`GPA') and the same was executed on 25.09.2020, duly registered at the office of Sub-Registrar in Dharuhera, Haryana in favour of respondent no. 2. It is further stated that due to non-compliance of the collaboration agreement and GPA entered into between the parties, the petitioners had no choice but to issue notice on 12.03.2021, calling for execution of a registered deed for cancellation of GPA and the petitioners had got the same executed at the Sub-Registrar's office in Dharuhera, Haryana on 15.03.2021. Furthermore, on 24.03.2021, through another legal notice, the fact that GPA stands terminated had been communicated to respondent no. 2. Thereafter, aggrieved by the execution of deed of cancellation of GPA by the petitioners, the respondent no. 2 had got a revocation deed registered at Dharuhera, Haryana by filing an application and had got the GPA restored, on 05.01.2022. These actions of the respondent no. 2, as per the petitioners, were in contravention of the collaboration agreement as well as the GPA executed between both parties. Aggrieved by the same, on 27.01.2022, petitioners were compelled to lodge a complaint with SHO, Dharuhera, Haryana. Moreover, other landowners had also filed similar complaints with different authorities. In response thereto, the respondent no. 2 submitted a reply dated 26.07.2022. However, FIR was not registered by the said police officers. After that, the petitioners had filed a complaint under Section 200 Cr.P.C along with an application under Section 156(3) Cr. P.C. After giving due consideration to the facts and circumstances, learned ACJM, 013 Rewari, Haryana had issued directions on 02.08.2022 to register an FIR against the respondent no. 2. In the meantime, petitioners had also moved before the Hon'ble Punjab and Haryana High Court, by way of a writ petition bearing no. CWP No. 26504/2022, challenging the orders of revocation of the deed of cancellation of GPA, and the Hon'ble Punjab and Haryana High Court had then stayed the operation of the order dated 05.01.2022. It is further state