208 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42013-2019 (O&M)

DECIDED ON:08.07.2025 CHARANJIT KAUR AND ANOTHER .....PETITIONERS VERSUS STATE OF PUNJAB AND ANOTHER .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Sunil Agnihotri, Advocate for the petitioners Mr. Jasjit Singh Rattu, DAG Punjab Mr. Pushp Jain, Advocate for respondent No.2.

SANDEEP MOUDGIL, J (ORAL)

CRM-49436-2024 Prayer in this application is for placing on record written statement as Annexure P-9 as filed in Civil Suit No.1069/2019 filed by respondent No.2 with a further prayer for exemption from filing the certified copy of the same.

Application is allowed, as prayed for.

Annexure P-9 is taken on record with just exception and exemption as prayed for, is granted.

Relief Sought

1. The jurisdiction of this Court has been invoked under section 482 Cr.P.C. praying for quashing of the FIR No. 122 dated 03.06.2019 under Sections 420,120-B of IPC, registered at Police Station City Faridkot, District Faridkot, against the petitioners, whereby complainant with the connivance of the local police authorities converted the Civil dispute in Criminal nature by way of the above mentioned FIR, which is wrong, illegal and should be quashed in the interest of justice. It is further prayer that till the final decision of the petition proceeding before the Id Trial Court be stayed.

2. Brief facts of the case as put forth are that the petitioners had entered into an agreement to sell dated 05.03.2019 with complainant Chinder Pal Tiwari for land measuring 80 Kanal 15 marlas for an amount of Rs.43 lacs per acre. As per agreement to sell itself, the petitioners had received Rs.45,00,000/- as earnest money from Chinder Pal Tiwari. It was further stated that Rs.15 Lacs will be given by complainant on 13.03.2019 and a separate receipt will be executed regarding it. The remaining sale consideration was to be given at the time of execution of sale deed before Sub Registrar. As per the term of agreement to sell, the sale deed was to be executed on 10.04.2019. A extract translation copy of agreement to sell dated 05.03.2019 is annexed herewith as Annexure-P/2. On the stipulated date for execution of sale deed i.e. 10.04.2019, the petitioners went to the office of Sub-Registrar for execution of sale deed but the complainant did not come present. On the same day i.e. 10.04.2019, an affidavit was executed by petitioners and attendance was marked before the Ld. Executive Magistrate. The true translated copy of the affidavit dated

10.04.2019 is attached as Annexure P/3.

3. Thereafter petitioners requested the complainant to come present and execute the sale deed as per agreement to sell dated 05.03.2019 but the complainant denied it by saying that he could not arrange the consideration amount as settled in agreement to sell. Let with no option, the petitioner and his wife sent a legal notice to the complainant, whereby, the complainant was informed that he has breached the terms and conditions of agreement to sell dated 05.03.2019, even however, a last chance to perform his part of contract was given and the complainant was requested to remain present in the office of Sub-Registrar alongwith remaining sale consideration, stamp fee, registration charges and other allied charges on 03.06.2019. It was also informed through said legal notice that in case the complainant does not come present on 03.06.2019 as well, then, it shall be presumed that he is not ready and willing to perform his part of contract and thereafter, the earnest money shall stand forfeited. A copy of the legal Notice dated 17.05.2019 is attached herewith as Annexure P/4.

4. On 03.06.2019, the petitioners have again went to the office of Sub Registrar for execution of sale deed but the complainant did not come present again. Thereafter, the petitioner and his wife executed an affidavit and remained present for execution of sale deed. A true translated copy of the affidavit dated 03.06.2019 is attach