JUDGMENT

Mr. Karamjit Singh, J.

The present petition has been filed by the petitioners praying for quashing of FIR No.504 dated 6.9.2017 (Annexure P-1) registered under Sections 13 -D and 125-A of Representation of The People Act 1951 and Sections 199 and 420 IPC at police station Mahendergarh and all the subsequent proceedings arising therefrom.

2. Notice of motion was issued to the respondent and thereafter the State Counsel appeared and filed reply by way of an affidavit of Yad Ram, Deputy Supdt. of Police, Mahendergarh.

3. In the instant case FIR has been registered against both the petitioners on the basis of complaint lodged by Sub-Divisional Officer, Mahendergarh, wherein it was alleged that petitioner No.1 filed her nomination papers for election of Municipal Councilor, Ward No.14 and petitioner No.2 filed his nomination papers for election of Municipal Councilor, Ward No.5 of Municipal Committee, Mahendergarh on 11.05.2016, supported by their affidavits. That both the petitioners did not disclose about property No.B-11/221/1 Shopping Complex, Old Ram Leela Ground, Mahendergarh, owned by them, in the aforesaid affidavits. So the petitioners gave false affidavits along with their nomination papers with mala fide intention and thus, committed offences under Sections 199 and 420 IPC and Sections 13 -D and 125-A of Representation of the People Act.

4. I have heard the counsel for the petitioners and the State counsel.

5. The counsel for the petitioners submitted that petitioner No.1 filed her nomination papers on 11.05.2016 for election of Municipal Councilor from Ward No.14, Municipal Committee, Mahendergarh. Likewise petitioner No.2 filed his nomination papers for election of Municipal Councilor from Ward No.5 of Municipal Committed Mahendergarh. In the said nomination papers nothing was concealed by the petitioners and the said nomination papers were scrutinized by the returning officer and the same were found to be in order. Petitioners contested the aforesaid elections which were held on 22.05.2016 and the result was declared on the same day. Petitioner No.1 was declared elected as Municipal Councilor from Ward No.14, while petitioner No.2 was declared elected as Municipal Councilor from Ward No.5, Municipal Committee, Mahendergarh. It has been further submitted that disgruntled unsuccessful candidates including some of the municipal councilors lodged a complaint that in their nomination papers, the petitioners concealed the fact that they also owned property No.B-11/221/1 on the basis of agreement to sell dated 8.11.2013, Annexure P-4. Thereafter, impugned FIR was registered against the petitioners who are husband and wife. It has been further contended that no information with regard to their property was suppressed by the petitioners while filing the nomination papers which were duly verified by the returning officer. The counsel for the petitioners has further submitted that the alleged document, Annexure P-4, is a mere agreement to sell purported to be executed by Dinesh Garg and others regarding property No.B-11/221/1 shopping complex old Ram Leela ground Mahendergarh in favour of petitioner No.1. The counsel has further contended that it is settled proposition of law that agreement to sell does not confer any title. The counsel for the petitioners while referring to provision of section 54 of Transfer of Property Act has submitted that the title in immoveable property having value of more than Rs.100/- can be alienated/ transferred only by executing a registered sale deed. Further, Section 54 provides that an agreement to sell immoveable property is a contract, which shows that the sale of such property, shall take place on the basis of terms and conditions settled in the said agreement by both the parties. In this context the counsel for petitioner has placed reliance on the decision of Hon'ble Apex Court in Rambhau Namdeo Gajre v. Narayan Bapuji Dhotra (dead) through LRs reported in 2004(4) RCR Civil 303. Th