136 IN THE HIGH COURT OF PUNJAB AND HARYANA KULWINDER SINGH STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE MR. Present: Mr. Mr. Gaurav Vir Singh Behl, Advocate and Ms. Raageshwari, Advocate HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of FIR No. 420/380/120-B of (Annexure P-8) along with all subsequent proceedings arising 2. Learned counsel for the petitioner, registration of the FIR contends that the dated 24.11.2020, Furthermore, the FIR 04 years. He further submits that in spite of the fact that thrice the the allegations made by the police authorities, it has been concluded that the dispute between the parties is purely civil in nature. In view of the civil dispute, t of filing a suit for specific performance into a criminal case passed by a two Judge Bench of the Hon’ble Supreme Court in P. Ltd. vs. State of Kerala (2015) 8 SCC 293. petitioner submits that the petitioner IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH KULWINDER SINGH V/S PUNJAB AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. S.S. Behl, Advocate; Mr. Gaurav Vir Singh Behl, Advocate and Ms. Raageshwari, Advocate for the petitioner. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.187 dated B of IPC registered at Police Station ) along with all subsequent proceedings arising Learned counsel for the petitioner, registration of the FIR (supra) is an abuse of the process of law. contends that the dispute between the parties arises out of an agr 24.11.2020, the target date of which the FIR (supra) has been registered after an inordinate delay of He further submits that in spite of the fact that thrice the made by the complainant was examined by the jurisdictional police authorities, it has been concluded that the dispute between the parties is purely civil in nature. In view of the civil dispute, t of filing a suit for specific performance, has converted the purely civil dispute into a criminal case. In this regard, learned counsel passed by a two Judge Bench of the Hon’ble Supreme Court in P. Ltd. vs. State of Kerala (2015) 8 SCC 293. ubmits that the petitioner would be satisfied in case all the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25062-2025 Date of decision: 08.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Mr. Gaurav Vir Singh Behl, Advocate and for the petitioner. This petition has been filed under Section 528 BNSS, 2023 dated 27.11.2024 under Sections IPC registered at Police Station Tibba, District Ludhiana ) along with all subsequent proceedings arising therefrom. Learned counsel for the petitioner, inter alia, contends that the is an abuse of the process of law. He further dispute between the parties arises out of an agreement to sell of which was fixed for 25.05.2021. has been registered after an inordinate delay of He further submits that in spite of the fact that thrice the veracity of complainant was examined by the jurisdictional police authorities, it has been concluded that the dispute between the parties is purely civil in nature. In view of the civil dispute, the respondent No.2, instead has converted the purely civil dispute , learned counsel relies upon the judgment passed by a two Judge Bench of the Hon’ble Supreme Court in Vesa Holdings P. Ltd. vs. State of Kerala (2015) 8 SCC 293. Learned counsel for the would be satisfied in case all the MANISHA 2025.05.13 10:25 I attest to the accuracy and authenticiy of this order/judgment CRM-M-25062 documents, which are annexed with the present made herein, are considered by the Investigating Officer before submitting the final report under 3. Notice of motion. 4. On asking of the Court, who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objectio consider all the documents the present petition, before preparing the final report under Section BNSS, 2023 (erstwhile Section 173 5. Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. 6. Keeping in view the aforesaid facts and circumsta petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition made in the present petition, 193 of BNSS, 2023 7. It is clarified that in case, final report under Section 2023 (erstwhile Section 173 at liberty to file a fresh petition to challenge the final report under Section May 08, 2025 manisha (i) (ii) 25062-2025 2 documents, which are annexed with the present are considered by the Investigating Officer before submitting the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 Notice of motion. On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab who is present in the Court, accepts notice on behalf of the respondent and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents (Annexures P-1 to P the present petition, before preparing the final report under Section (erstwhile Section 173 Cr.P.C.). Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. Keeping in view the aforesaid facts and circumsta petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition made in the present petition, before preparing the final report under Section f BNSS, 2023 (erstwhile Section 173 Cr.P.C. It is clarified that in case, final report under Section (erstwhile Section 173 Cr.P.C.) is against the petitioner at liberty to file a fresh petition to challenge the final report under Section 193 of BNSS, 2023 (erstwhile Section 173 (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable documents, which are annexed with the present petition and all the averments are considered by the Investigating Officer before submitting the (erstwhile Section 173 Cr.P.C.). Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent and n, in case the Investigating Officer is directed to 1 to P-6), which are annexed with the present petition, before preparing the final report under Section 193 of Having heard learned counsel for the parties and after perusing the record of the case with their able assistance and with the consent of parties, the matter is taken up for final disposal today itself. Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition and averments before preparing the final report under Section Cr.P.C.). It is clarified that in case, final report under Section 193 of BNSS, is against the petitioners, they would be at liberty to file a fresh petition to challenge the FIR (supra) as well as the (erstwhile Section 173 Cr.P.C.). HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.13 10:25 I attest to the accuracy and authenticiy of this order/judgment