IMPORTANT POINT
Agreement to sell--Non-Execution of--Dispute is purely of civil nature--FIR quashed.

Surya Kant, J.:- In this petition under section 482 Cr.P.C., the petitioner has sought quashing of FIR No.127/2005 dated 3.9.2005, under sections 406/420 IPC, registered at Police Station Dakha, District Ludhiana and the proceedings, if any, arising out therefrom.

2. The facts may be briefly noticed.

3. The petitioner is a 60 years old widow. She, being owner in possession of agricultural land measuring 4 acres situated at village Bhanohar, P.S. Dakha, District Ludhiana, entered into an agreement to sell dated 27.9.2004 (Annexure P2) with respondent No.2 to sell the said land to him at the rate of Rs.26,50,000/- per acre. Out of the total sale consideration of Rs.1.06 crores, the petitioner was paid earnest money of Rs.15 lacs by respondent No.2 on 27.9.2004. It was stipulated in the agreement that respondent No.2 shall further pay a sum of Rs.10 lacs to the petitioner by 10th November, 2004, whereas the balance amount of sale consideration was to be paid at the time of execution of the sale deed, for which the last date agreed upon between the parties was 25.10.2005.

4. It is alleged that respondent No.2 failed to make further payment of Rs.10 lacs by 10.11.2004, he, therefore, approached the petitioner for extension of time to which the petitioner agreed and both the parties made the following endorsement on the agreement to sell itself:-

“Today, i.e. 10.11.2004 the period of part payment which was to be paid to me has been extended to 10.12.2004 with the consent of both the parties. The remaining terms and conditions will remain the same as before.”

5. It is the petitioner’s case that respondent No.2 failed to pay the amount of Rs.10 lacs by the extended date of 10.12.2004 also, therefore, the petitioner served him with a notice dated 13.12.2004 (Annexure P-3) asking him to make the said payment within one more week. Respondent No.2, however, did not make the payment despite the said notice.

6. On 20.12.2004, the petitioner sent a telegram to respondent No.2 (Annexure P4) informing him that since he had failed to pay the agreed amount of Rs.10 lacs within the stipulated period, the agreement dated 27.9.2004 stood cancelled.

7. Thereafter, respondent No.2 sent a reply dated 21.12.2004 (copy Annexure P5) to the above-mentioned legal notice, taking the plea that he never refused to make payment of Rs.10 lacs and in fact the same was offered by him several times to the petitioner but she did not receive the same on the plea that she had not so far got the documents of title completed in her favour. It was also claimed that respondent No.2 was still ready and willing to perform his part of the agreement.

8. On 1.6.2005, the petitioner sold her land to a third party and executed the sale deed.

9. On 27.8.2005, respondent No.2 filed a civil suit for possession by way of specific performance of the agreement to sell dated 27.9.2004 (copy Annexure P6) in respect of the subject land and also sought a declaration that the sale deed dated 1.6.2005 executed by the petitioner was illegal, null and void and ineffective qua his rights. He also sought a decree of permanent injunction against the subsequent vendee.

10. The petitioner is contesting the above stated suit and has already filed a written statement dated 26.9.2005 (Annexure P7). Admittedly, the civil suit is still pending.

11. Meanwhile, respondent No.2 got the impugned FIR registered against the petitioner, the relevant contents of which read as follows:-

“... She agreed to execute the sale deed of the said property in favour of the complainant on or before 25.10.2005. The complainant several times approached the accused No.1 with a request to receive the amount from him as per the terms of the agreement and to execute the sale deed of said property in favour of the complainant but she always avoided to do so, in fact the accused No.1 was having malafide intention at the time of execution of the agreement to sell in favour of the complainant and she in connivance with accu