V. B. GUPTA, J. ( 1 ) PRESENT petition has been filed under Section 482 Cr. P. C. for quashing of fir No. 575/2007 registered under Section 406/420 IPC at P. S. Najafgarh. ( 2 ) BRIEF facts of the case are that the petitioner sold plot No. 2, Khasra no. 479/2, Dindarpur Ext. , Najafgarh, New Delhi for a total consideration of rs. 16. 25 lakhs to the Complainant Khushi Ram and out of which, Rs. 6 lakhs have been received by the petitioner. The balance amount was to be paid at the time of execution of the sale deed. The complainant requested the petitioner to execute the sale deed but the petitioner did not execute the same and further complainant came to know that the property is disputed one and a case with regard to this property is pending in the Court and as such the petitioner has played fraud. Hence, the present FIR under Section 406/420 has been registered against the petitioner. ( 3 ) IT has been contended by learned counsel for the petitioner that the petitioner is the absolute owner of the property in question and the petitioner and complainant had executed on agreement to sell the property in question for which the petitioner received the earnest money and the balance amount has not been paid by the complainant and thus the complainant is guilty of not performing the requisite formalities such as execution of the sale deed and the present dispute between the parties is a civil dispute for which the complainant has also filed a civil suit against the petitioner and the same is pending in the Court of law and as such no criminal case can be registered against the petitioner and the present FIR is liable to be quashed. ( 4 ) IN the FIR, it has been alleged by the complainant that the petitioner has failed to execute the sale deed and furthermore the plot in question is disputed one since a case with regard to this plot between petitioner and one yunis Khan is already pending in the Court. So, the petitioner has committed a fraud upon the complainant. ( 5 ) THE FIR in this case has been registered only on 21st June, 2007 and the case is under investigation. So, the petitioner has committed a fraud upon the complainant. ( 5 ) THE FIR in this case has been registered only on 21st June, 2007 and the case is under investigation. It is well settled that the court should not quash the FIR when the police has not commenced the investigation and no proceedings at all is pending in any Court in pursuance of the FIR. The Court should not embark upon any enquiry in a case where the first information report discloses the commission of a cognizance offence, to find whether some person was actually involved in the case or not. This is the function purely entrusted to the investigating officer to arrive at a conclusion and to give a finding. ( 6 ) PRIMA-FACIE, the FIR registered against the petitioner requires investigation as it has been alleged that the petitioner had received the earnest money but has failed to execute the sale deed and moreover dispute, with regard to this very plot for which agreement to sell has been executed by the petitioner, with the complainant, is also pending in the court qua one Yunis khan. The mere fact that civil suit has been filed with regard to the plot in question, does not mean that complainant is debarred from taking any criminal action against the petitioner. ( 7 ) HENCE, this petition is nothing but an abuse of the process of law and is misconceived and has been filed just to waste the time of this Court and accordingly the same is hereby dismissed with costs of Rs. 5,000/ -. Costs be paid to the Delhi High Court Legal Services Committee within four weeks from today. If the same are not paid, it should be recovered treating this direction as decree of the Court by the Delhi High Court Legal Services Committee. The registry is directed to communicate this order to Delhi High Court Legal services Committee.