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2023 Supreme(SC) 517

ABHAY S. OKA, RAJESH BINDAL
Sarabjit Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Amandeep Singh Jawandha,Adv. Ms. Anju Kaushik,Adv. Mr. Bankey Bihari, AOR Mr. Birendra Bikram,Adv.
For the Respondent(s): Ms. Nupur Kumar, AOR

JUDGMENT :

Rajesh Bindal, J.

1. The Appellant having failed before the High Court has filed the present appeal. A prayer was made for quashing of F.I.R. No.430 dated 16.10.2017 under Sections 420, 120B and 506 of the Indian Penal Code, 1860. The petition filed before the High Court seeking quashing thereof was dismissed.

2. Learned counsel for the appellant submitted that the appellant entered into an agreement to purchase a plot measuring 1 (Kanal) on 27.05.2013 with Malkit Kaur, wife of Surender Singh resident of Dhillon Colony, Near Electricity Grid, G.T. Road, Moga, Jagraon, District Ludhiana, Punjab on 27.05.2013. On the basis thereof appellant entered into an Agreement to Sell the same to Sarabjit Kaur wife of Darshan Singh (respondent No.2) on 18.11.2013. The date for execution of sale deed was fixed as 25.06.2014. It was categorically mentioned in the Agreement to Sell that at present the vendor was not the owner of the property. The appellant received a sum of Rs. 5,00,000/-as earnest money and the date of registration of sale deed was fixed as 25.06.2014. The date for execution of sale deed was extended to 24.12.2014 on receipt of additional sum of Rs. 75,000/-. A complaint


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