The court quashes the FIR and the criminal proceeding, as it finds that the ingredients of cheating are lacking and continuing with the criminal case would amount to an abuse of the process of the court.

JUDGMENT

Manish Choudhury, J. - This criminal petition under Section 482, Code of Criminal Procedure, 1973 (''the Code'' and/or ''the CrPC'', for short) has been preferred seeking quashing of the First Information Report (FIR) lodged in connection with Noonmati Police Station Case no. 733/2018 (corresponding G.R. Case no. 17816/2018) and registered for an offence under Section 420, Indian Penal Code.

2. The facts, in brief, are that the respondent no. 2-informant had lodged an First Information Report (FIR) before the Officer In-Charge, Noonmati Police Station on 30.11.2018 against the petitioner as the accused which came to be registered as Noonmati Police Station Case no. 733/2018 (corresponding G.R. Case no. 17816/2018) on 30.11.2018 under Section 420, Indian Penal Code (IPC). After registration, the case had been entrusted to a Sub-Inspector of Police for investigation. The Investigation Officer (I.O.) thereafter, had served a notice dated 21.12.2018 on the petitioner under Section 41A of the Code asking her to appear before him on 23.12.2018. Having come to know that the informant had lodged the FIR, the instant petition has been filed seeking quashing of the said FIR.

3. Heard Mr. A. Tewari, learned counsel for the petitioner; Mr. B.B. Gogoi, learned Additional Public Prosecutor for respondent no. 1, State of Assam and Ms. P. Bora, learned counsel for respondent no. 2.

4. Mr. Tewari, by referring to the contents of the FIR, has submitted that even if all the statements of the FIR are accepted as true, then also it cannot be held that the ingredients of cheating are made out. The petitioner (hereinafter also referred to as ''the accused'', at places, for easy reference) and the respondent no. 2 (hereinafter also referred to as ''the informant'', at places, for easy reference) had executed an unregistered agreement for sale of a plot of land and the informant had paid a sum of Rs. 3,20,000/- to the accused who apart from one of the co-owners of the said plot of land, is the attorney holder for and on behalf of the other co-owners.

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4.1. The only allegation in the FIR is to the effect that the accused did not apply in time for permission for sale of the said plot of land to him. It is averred on behalf of the accused that the informant approached the accused in the month of May, 2018 for purchase of the plot of land (the subject-land, for short), as described in the FIR. The accused is a co-owner of the subject-land as well as the power of attorney holder for all the other co-owners and family members to deal in respect of the subject-land. After mutual agreement, an unregistered agreement for the sale of the subject-land was executed in the month of May, 2018. In the month of June, 2018, one of the co-owners viz. Makan Devi expired and for the death of Makan Devi, the accused had to apply for mutation of the names of the legal heirs of Makan Devi so as to bring them on record as co-owners of the subject-land as without mutation of the names of the legal heirs of Late Makan Devi, the sale permission could not be applied. In view of the said death, the accused could not apply for the sale permission in time.

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4.2. It is further averred that the accused met with an accident on 11.10.2018 wherein she sustained head and facial injuries for which she was advised complete bed rest for about 2 (two) months. After recovery, the accused approached the informant to come and sign the application for sale permission but the informant had refused to do so. It was found that the informant had instituted the FIR in the meantime.

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4.3. It is further submitted on behalf of the petitioner that the accused as the plaintiff has instituted a civil suit being Title Suit No. 96/2018, in the Court of Civil Judge, Kamrup (R), Amingaon on 17.12.2018 for specific performance of the unregistered agreement for sale of the subject-land executed between the accused and the informant, which is also the subjectmatter of the FIR in question.