LAW FOR ALL

Section 482 of the Code of Criminal Procedure QUASHING OF F.I.R. = NO CRIMINAL CASE IS MAINTAINABLE ON FAILURE OF CIVIL LITIGATION AND FOR PRESSURIZE THE ACCUSED ON FALSE GROUNDS= The entire claim of the appellant Sarabjit Singh is based on an agreement to sell. The first information report lodged by the appellant Sarabjit Singh on 10.1.1998 at Police Station Adampur, district Jalandhar, did not even disclose the date of the aforesaid agreement to sell. According to the averments made by the appellant Sarabjit Singh before the High Court, and now before this Court, it is alleged that the aforesaid agreement to sell was executed on 13.3.1992. With reference to the abovesaid agreement to sell, the observations made by the High Court in its order dated 11.2.2002 (in Criminal Miscellaneous no. 3039-M of 2002) are extremely significant. The aforesaid order has been extracted hereinabove. The High Court, while granting interim relief, had taken into consideration the fact, that the appellant Sarabjit Singh had not enclosed a copy of the alleged agreement to sell. He had given no details of the agreement to sell. He did not disclose any date of the alleged agreement to sell. He did not even mention the area of land covered by the agreement, or the rate at which the land was agreed to be purchased. The High Court also noticed, that the date on which the sale was to be concluded, besides other similar issues, had also not been disclosed by the appellant Sarabjit Singh, in his complaint. While recording that the aforesaid were important ingredients for any agreement to sell, and while noticing that the same had not been disclosed by the appellant Sarabjit Singh, the High Court had stayed the proceedings before the trial Court. Despite such strong observations made by the High Court in its order dated 11.2.2002, and inspite of the fact that the same is the actual basis for all the allegations which the appellant has chosen to level against Itpal Singh (respondent no. 4 herein), Gurbinder Singh, Salamat Masih and others, the said agreement to sell has still not been placed on the record of the case, nor have the aforesaid details been furnished. The Deputy District Attorney, Jalandhar also arrived at a similar conclusion, namely, that the appellant Sarabjit Singh had not been able to produce any material demonstrating the execution of the alleged agreement to sell in his favour. It has been expressly noticed by the High Court in the impugned order dated 20.11.2006, that even the Deputy District Attorney, Jalandhar, in his report, upheld the earlier report submitted by the Superintendent of Police (City-II), Jalandhar. Even this report has not been placed on the record of the case. Herein again, an adverse inference is liable to be drawn against the appellant Sarabjit Singh. From the course of our narration of the factual position as it traversed before different levels of investigation and judicial scrutiny, it emerges that the appellant Sarabjit Singh has not been able to produce any material, on the basis of which he can establish his claim.The aforesaid land was admittedly been sold by Salamat Masih to Itpal Singh and Gurbinder Singh (through two registered sale deeds dated 17.3.1997 and 4.4.1997), i.e. well before the registration of the first information report dated 10.1.1998 by the appellant Sarabjit Singh. This is surely a case of no evidence. It is a case where accusations have been levelled without supporting material. Despite a clear indication in the order passed by the High Court, such supporting material has still not been made available for perusal of this Court. Therefore, in the facts and circumstances of this case, we are satisfied, that in the absence of any material whatsoever to support the charges levelled by the appellant Sarabjit Singh in the first information report dated 10.1.1998, the High Court was justified in quashing the said first information report by invoking its jurisdiction under Section 482 of the Code of Criminal Procedure. We are also satisfied, that the conclusions drawn by the Superintendent of Police (City-II), Jalandhar, and the Deputy District Attorney, Jalandhar, that the police complaint made by the appellant Sarabjit Singh was solely aimed at pressurizing Salamat Masih, Itpal Singh and Gurbinder Singh (besides some others), were fully justified. 17. For the reasons recorded hereinabove, we find no merit in the instant appeal and the same is accordingly dismissed.