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2023 Supreme(P&H) 1471

KARAMJIT SINGH
Subhash Chand – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Parties : Mr. Raj Kumar Gupta, Mr. Naveen Sheoran DAG, Haryana, Mr. Amit Khatkar

Table of Content
1. quashing of fir based on misrepresentation of ownership. (Para 1 , 2)
2. arguments of petitioner regarding ownership and civil nature of the dispute. (Para 3 , 4 , 6 , 7)
3. response from the state and complainant regarding the issuance of fir. (Para 5 , 8 , 9)
4. legal standards on agreement to sell and elements of cheating. (Para 10 , 11 , 12 , 13 , 14)
5. judicial observations on intention and timelines affecting cheating allegations. (Para 15 , 16 , 17 , 18 , 19)
6. inherent powers of the court to prevent abuse of process under section 482 cr.p.c. (Para 20 , 21 , 22 , 23)
7. petition allowed; fir quashed. (Para 24)

Judgment

Mr. Karamjit Singh, J.

The present petition has been filed by petitioner-Subhash Chand seeking quashing of FIR No.159 dated 29.5.2013 under Section 420 IPC Police Station Uchana District Jind (Annexure P-12) and final report (Annexure P-13), submitted by the police under Section 173 Cr.P.C. and subsequent proceedings arising thereof.

2. FIR (Annexure P-12) was registered against the petitioner on the basis of written complaint lodged by respondent No.2-Kashmir Singh wherein it was alleged that the petitioner sold his land measuring 38 kanals 7 ma

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