MANISHA BATRA, J. (Oral)

1. Prayer in this petition, filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), is for quashing of FIR No. 0068 dated 16.07.2018, registered under Section 420 of IPC at Police Station Kotwali Nabha, District Patiala along with all the subsequent proceedings having arisen therefrom.

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a written complaint submitted by respondent No.2/complainant Ravinder Singh alleging that accused Rajiv Kumar (husband of petitioner No. 2) entered into an agreement to sell land measuring 3 Kanals 17 Marlas situated at Preet Vihar Bagichi, Nabha for a total sale consideration of Rs.1,50,00,000/-. Pursuant to the agreement dated 12.08.2015, the complainant paid different amounts to accused Rajiv Kumar, including Rs.1,00,000/- as earnest money, Rs.9,00,000/- on 05.09.2015, Rs.15,00,000/- on 31.12.2015 and Rs.1,00,00,000/- in cash on 28.06.2016. The date for execution and registration of the sale deed was fixed as 17.05.2017. The complainant alleged that despite his presence in the office of Sub Registrar, Nabha, along with the balance sale consideration and expenses, accused Rajiv Kumar failed to appear for execution of the sale deed, regarding which the complainant got his affidavit of presence attested. It was further alleged that accused Rajiv Kumar, in connivance with petitioners dishonestly executed a transfer deed in favour of Reena Rani (petitioner No. 2) with an intention to cheat the complainant and misappropriate the amount received from him. The complainant further alleged that upon being questioned, the accused threatened him with dire consequences. After registration of the FIR, investigation proceedings were initiated. The petitioners were granted concession of bail. After completion of necessary investigation and usual formalities, challan was presented in the Court. Accused Rajiv Kumar had died on 20.02.2019. The petitioners, Ram Lal and Reena Rani, have approached this Court by way of filing the present petition seeking quashing of the impugned FIR.

3. It is argued by learned counsel for the petitioners that they have been falsely implicated in this case, which was registered at the instance of complainant Ravinder Kumar, who is a property dealer having considerable influence in the police department. The dispute arises purely out of an agreement to sell dated 12.08.2015 executed between the complainant and deceased Rajiv Kumar regarding land measuring 3 Kanals 17 Marlas for a total sale consideration of Rs.1,50,00,000/-. As per the terms of the agreement, the sale deed was to be executed on 30.06.2016 and the complainant was required to make payments in instalments. Although the complainant alleged payment of amounts of money totalling Rs.1,25,00,000/- in cash, there is neither any receipt nor any documentary proof regarding such payments, nor has any source of such huge cash amount been disclosed during inquiry.

4. It is further argued that the complainant failed to perform his part of the agreement by not appearing for execution of the sale deed on the stipulated date i.e. 30.06.2016, whereas deceased Rajiv Kumar had himself appeared before the Tehsildar and got an affidavit regarding his presence attested. Learned counsel submitted that there is no document on record to show that the date for execution of the sale deed was ever extended to 17.05.2017 as alleged by the complainant. Since the vendee (complainant) failed to perform his obligations under the agreement, the earnest money stood forfeited in terms of the agreement itself and the complainant, instead of availing civil remedies, misused the criminal process to pressurize the accused persons for return of the alleged amount. Moreso, the petitioners were not parties to the agreement to sell and no allegation of receipt of any money has been attributed to them. Petitioner No.1