IMPORTANT POINT
The court ruled that a civil dispute cannot be criminalized without clear evidence of fraudulent intent, leading to the quashing of the FIR.

JUDGMENT :

(Arun Dev Choudhury, J.)

1. Heard Mr. A. M. Bora, learned Senior Counsel assisted by Ms. C. Choudhury, learned counsel for the petitioners. Also heard Mr. P. J. Saikia, learned Senior Counsel for the respondent No. 2 and Mr. K. K. Das, learned Additional Public Prosecutor for the State respondents.

2. The present petition is filed under Section 482 of the Criminal Procedure Code, 1973 for quashing of FIR dated 07.11.2015 registered as Digboi Police Station Case No. 296/15 under Sections 120(B)/406/420/34 of IPC corresponding to GR Case No. 921/2016 pending before the learned Court of Sub Divisional Judicial Magistrate, Margherita, Tinsukia.

3. The brief facts as stated and alleged in the FIR dated 07.11.2015 are recorded herein below:-

I. That, one agreement for sale for purchase of a land measuring 0 Bingha - 2 Kathas - 2 Lechas covered under Dag No. 224 and 222 of Periodic Patta No. 17 situated at Borbill No.1, Digboi, Mouza-Makum, District-Tinsukia, Assam was entered between one Binay Agarwal, the informant, one Smti. Putan Deka and one Sri Shyam Bihari Agarwal and advance amount of Rs. 2,00,000/- was paid. Thereafter, another amount of Rs. 2,00,000/- was paid by Shyam Bihari Agarwal and said facts were reduced into writing by executing an agreement for sale of land. It is further alleged that the said Sri Binay Agarwal and his father failed to show their willingness to pay the balance consideration and as such, sale deed could not be executed.

II. Thereafter, one Gitanjali Sonowal, Chief Counselor of Margherita, Sri Krishna Mahatoo, Gaon Burah and accused petitioner No. 1 and one Hira Devi visited the house of the informant and requested to sale the land to the accused petitioner No. 1. Said accused also informed the informant that the accused petitioner No. 1 had already talked to Sri Shyam Bihari Agarwal and it was also informed that said Shyam Bihari Agarwal had conceded the request of the accused petitioner No. 1 and handed over the original agreement for sale to him to finalize their deal. It is also conceded that deal was finalized and sale consideration was enhanced to Rs. 19,50,000/-. Later on an amount of Rs. 3,00,000/- was paid as advance by said accused petitioner No. 1 and that same will be adjusted against earlier advance paid by Shyam Bihari Agarwal by paying the same to him directly.

III. According to the informant, the remaining balance due was amount of Rs. 12,50,000/- and it was to be paid on the date of execution of the sale deed. Subsequently, it could be learnt by the informant that Shyam Bihari Agarwal had filed an objection in the Circle Office, Margherita against issuing of sale permission and they could also learn that the accused petitioner No. 1 failed to keep his promise of making payment of Rs. 4,00,000/- to Shyam Bihari Agarwal. It is also stated that subsequently, the dispute was settled between Shyam Bihari Agarwal and accused No. 1 and lands sale permission was obtained.

IV. As per the FIR, on 29.07.2015, accused petitioner asked the informant to remain present at his showroom at Makum Road for execution of the sale deed as he had already requested the Sub Registrar, Margherita to admit the execution on commission at the said place. Accordingly, the informant, Smt. Putan Deka, Smt. Minoti Deka Neog, Smt. Champa Deka Saikia, Sri Gautam Goswami etc. reached the said place. One Juri Gogoi Kaur, Advocate without explaining the contents of the sale deed placed the same for signature of the informant and on good faith and bonafide belief, they put their signatures in the said sale deed believing that after completion of the official formalities remaining consideration of Rs. 12,50,000/- will be paid to them.

V. According to the informant, it was assured by the accused petitioner Bajarang Lal Agarwal and his son Vikash Agarwal that money will be handed over during the journey from Tinsukia to Dibrugarh and one cheque of Rs. 2,34,300/- was handed over during the time of execution and the money r