Sarabjit Kaur Vs State of Punjab & Anr. (Supreme Court of India)
The appellant approached the Supreme Court after the High Court dismissed her petition seeking quashing of F.I.R. No. 430 dated 16.10.2017 registered under Sections 420, 120-B and 506 of the Indian Penal Code, 1860.
The dispute arose from an Agreement to Sell concerning a one-kanal plot. The appellant had entered into an agreement to purchase the property from Malkit Kaur on 27.05.2013 and thereafter entered into an Agreement to Sell the same property to Sarabjit Kaur, wife of respondent No. 2, on 18.11.2013. The agreement specifically stated that the appellant was not then the owner of the property and was entitled to the property on the basis of the earlier agreement in her favour. An amount of ₹5,00,000/- was received as earnest money and the date for execution of the sale deed was initially fixed as 25.06.2014. The date was subsequently extended to 24.12.2014 upon receipt of an additional ₹75,000/-.
Respondent No. 2, Darshan Singh, had earlier lodged a complaint on 30.09.2015 concerning the same alleged transaction, but the complaint was directed against property dealers Manmohan Singh and Ranjit Singh alias Billa. The complaint referred to two other transactions and sought recovery of ₹29,39,500/- from the property dealers. Following investigation by the Economic Offences Wing, a report was submitted and the District Attorney opined that no criminal offence was made out and that the complainant was at liberty to approach the civil court. The opinion was accepted by the Senior Superintendent of Police on 18.05.2016.
