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AMAN CHAUDHARY
Kavita Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Aman Chaudhary, J.
This common order shall dispose of the above-mentioned four petitions, which have been filed by the petitioners for quashing of FIR No.123 dated 19.03.2009, registered under Sections 420 , 467, 468, 471 506 and 120B IPC at Police Station Sadar, Amritsar, Annexure P-1 and all consequential proceedings arising therefrom.
2. Learned counsel for submit that the petitioners have falsely been implicated in the case, whereas, no offence, under Sections as mentioned in the FIR, is made out against them. It is apparent that the dispute in the present case is with regard to plot of 200 sq. yards sold to the complainant-respondent No.2 by Sita, which was in the joint holding with Raj Karni. Petitioner-Kavita Sharma had a power of attorney of her mother- Raj Karni in her favour regarding her land. Petitioner-Pankaj Kumar on the basis of the power attorney given by petitioner-Kavita Sharma sold two plot of 100 sq. yards each to petitioner-Sukhwinder Singh, and one Meenu and Hans Raj, who further sold to petitioner-Kuldip Kumar. Petitioner-Kavita Sharma has been authorised to sell the land of her mother, as power of attorney was executed in her favour being a daughter
Bona fide purchasers cannot be implicated in forgery or fraud where they have no part in wrongdoing, and prior allegations point to their victimization.
The court emphasized the distinction between civil disputes and criminal offences, quashing the FIR due to lack of criminal intent in the allegations.
The court established that civil disputes should not be cloaked as criminal offenses, allowing for quashing of FIRs when no criminal offense is disclosed.
It is well settled that in order to constitute an offence of cheating, it must be shown that the accused had fraudulent or dishonest intention at the time of making the representation or promise and ....
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