LALIT KUMAR AND ANOTHER LALIT KUMAR AND ANOTHER v. STATE OF PUNJAB STATE OF PUNJAB s
Case Details
CRM-M-58132 58132-2025 IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH AT CHANDIGARH - -1- 214 CRM CRM-M-58132-2025 Date of decision: 18.11.2025 Date of decision: 1 LALIT KUMAR AND ANOTHER LALIT KUMAR AND ANOTHER Versus STATE OF PUNJAB STATE OF PUNJAB s ….Petitioners ....Respondent ....Respondent
Legal Reasoning
HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Manish Kumar Singla, Advocate, with Mr. Manish Kumar Singla, Advocate, with Mr. Bhoomika, Advocate with Mr. Bhoomika, Advocate with Mr. Asha Devi Mehta, Advocate, Mr. Asha Devi Mehta, Advocate, Mr. Asha Devi Mehta, Advocate, for the petitioners. for the petitioner Mr. Amit Shukla, DAG, Punjab. Mr. Amit Shukla, DAG, Punjab. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL) 1. Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks FIR No.82 dated 12.09.2025, registered under Sections anticipatory bail in case FIR No.82 dated 12.09.2025, registered under Sections FIR No.82 dated 12.09.2025, registered under Sections anticipatory bail in case aratiya Nyaya Sanhita, 2023, at Police Station 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station aratiya Nyaya Sanhita, 2023, at Police Station 316(2), 318(4) and 61(2) of the Bh Mulepur, District Fatehgarh Sahib. Mulepur, District Fatehgarh Sahib 2. On 15.10.2025, following order had been passed: On .10.2025, following order had been passed: - Prayer in the present petition filed under Section 482 of the BNSS, “Prayer in the present petition filed under Section 482 of the BNSS, Prayer in the present petition filed under Section 482 of the BNSS, “ ioners in case FIR 2023 is for grant of anticipatory bail to the petitioners in case FIR 2023 is for grant of anticipatory bail to the petit 2023 is for grant of anticipatory bail to the petit No.82 dated 12.09.2025, registered under Sections 316(2), 318(4) and No.82 dated 12.09.2025, registered under Sections 316(2), 318(4) and No.82 dated 12.09.2025, registered under Sections 316(2), 318(4) and No.82 dated 12.09.2025, registered under Sections 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station 61(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station 61(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station 61(2) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Mulepur, District Fatehgarh Sahib. Mulepur, District Fatehgarh Sahib. Brief facts as per the prosecution case are that the petitioners Brief facts as per the prosecution case are that the petitioners Brief facts as per the prosecution case are that the petitioners accused have committed cheating by failing to in connivance with co-accused have committed cheating by failing to in con GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-58132 58132-2025 - -2- honour the agreement to sell and by executing the sale deed in favour honour the agreement to sell and by executing the sale deed in favour honour the agreement to sell and by executing the sale deed in favour honour the agreement to sell and by executing the sale deed in favour of third party. of third party. Learned counsel for the petitioners has argued that the Learned counsel for the petitioners has argued that the Learned counsel for the petitioners has argued that the the present case. He petitioners have been falsely implicated in the present case. He petitioners have been falsely implicated in petitioners have been falsely implicated in further argued that the petitioners are bona fide purchaser for further argued that the petitioners are bona fide purchaser for further argued that the petitioners are bona fide purchaser for further argued that the petitioners are bona fide purchaser for valuable consideration valuable consideration valuable consideration valuable consideration through through through through registered registered registered registered sale deed dated sale deed dated sale deed dated sale deed dated 10.09.2025. The petitioners have no dealing with the complainant and 10.09.2025. The petitioners have no dealing with the complainant and 10.09.2025. The petitioners have no dealing with the complainant and 10.09.2025. The petitioners have no dealing with the complainant and itioners have committed it cannot be said in any manner that the petitioners have committed it cannot be said in any manner that the pet it cannot be said in any manner that the pet any offence. He further argued that petitioners have not received any any offence. He further argued that petitioners have not received any any offence. He further argued that petitioners have not received any any offence. He further argued that petitioners have not received any money from the complainant. He further argued that nothing is to be money from the complainant. He further argued that nothing is to be money from the complainant. He further argued that nothing is to be money from the complainant. He further argued that nothing is to be recovered from the petitioners and hence their custodial interrogation recovered from the petitioners and hence their custodial interrogation recovered from the petitioners and hence their custodial interrogation recovered from the petitioners and hence their custodial interrogation submitted that the present FIR is abuse of process is not required. It is submitted that the present FIR is abuse of process submitted that the present FIR is abuse of process is not required. It is of law and the matter is of civil nature. Learned counsel submits that of law and the matter is of civil nature. Learned counsel submits that of law and the matter is of civil nature. Learned counsel submits that of law and the matter is of civil nature. Learned counsel submits that accused Amanpreet Kaur @ Amanpreet Nat, who was the the co-accused Amanpreet Kaur @ Amanpreet Nat, who was the accused Amanpreet Kaur @ Amanpreet Nat, who was the the co owner of the land, has already been granted the benefit of interim bail owner of the land, has already been granted the benefit of interim bail owner of the land, has already been granted the benefit of interim bail owner of the land, has already been granted the benefit of interim bail by this Court vide order dated 24.09.2025 in CRM by 2025. this Court vide order dated 24.09.2025 in CRM-M54194-2025. Learned counsel has further submitted that the petitioners are ready Learned counsel has further submitted that the petitioners are ready Learned counsel has further submitted that the petitioners are ready Learned counsel has further submitted that the petitioners are ready and willing to join the investigation as and when called upon to do so and willing to join the investigation as and when called upon to do so and willing to join the investigation as and when called upon to do so and willing to join the investigation as and when called upon to do so by the investigating agency. by the investigating agency. learned counsel has placed In support of his arguments, learned counsel has placed In support of his arguments, reliance in the case of ‘Sharif Ahmed and another vs. State of Uttar reliance in the case of ‘Sharif Ahmed and another vs. State of Uttar reliance in the case of ‘Sharif Ahmed and another vs. State of Uttar reliance in the case of ‘Sharif Ahmed and another vs. State of Uttar Pradesh and another’ 2024 INSC 363, wherein the Hon'ble Supreme Pradesh and another’ 2024 INSC 363, wherein the Hon'ble Supreme Pradesh and another’ 2024 INSC 363, wherein the Hon'ble Supreme Pradesh and another’ 2024 INSC 363, wherein the Hon'ble Supreme Court held as under: Court held as under: "…. Any effort to settle civil disputes and claims which do not "…. Any effort to settle civil disputes and claims which do not "…. Any effort to settle civil disputes and claims which do not y criminal offence, by applying pressure through criminal involve any criminal offence, by applying pressure through criminal y criminal offence, by applying pressure through criminal involve an prosecution should be deprecated and discouraged”. prosecution should be deprecated and discouraged”. prosecution should be deprecated and discouraged”. Further, reliance is also placed upon in the case of ‘Jayshree Further, reliance is also placed upon in the case of ‘Jayshree Further, reliance is also placed upon in the case of ‘Jayshree and another vs. State of Rajasthan and another’ (Criminal Appeal and another vs. State of Rajasthan and another’ (Criminal Appeal and another vs. State of Rajasthan and another’ (Criminal Appeal and another vs. State of Rajasthan and another’ (Criminal Appeal 24, decided on 02.07.2024), wherein it was held Nos.1640-1641 of 2024, decided on 02.07.2024), wherein it was held 24, decided on 02.07.2024), wherein it was held Nos.1640 as under: as under: "Prima facie, in our opinion, breach of contract does not "Prima facie, in our opinion, breach of contract does not "Prima facie, in our opinion, breach of contract does not amount to an offence under Section 420 or Section 406 of the IPC amount to an offence under Section 420 or Section 406 of the IPC amount to an offence under Section 420 or Section 406 of the IPC amount to an offence under Section 420 or Section 406 of the IPC unless fraudulent or dishonest intention is shown right at the unless fraudulent or dishonest intention is shown right at the unless fraudulent or dishonest intention is shown right at the unless fraudulent or dishonest intention is shown right at the the transaction. This Court has time and again cautioned beginning of the transaction. This Court has time and again cautioned the transaction. This Court has time and again cautioned beginning of against converting purely civil disputes into criminal cases. Any effort against converting purely civil disputes into criminal cases. Any effort against converting purely civil disputes into criminal cases. Any effort against converting purely civil disputes into criminal cases. Any effort to settle civil disputes and claims, which do not involve any criminal to settle civil disputes and claims, which do not involve any criminal to settle civil disputes and claims, which do not involve any criminal GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document. CRM-M-58132 58132-2025 osecution should be offence, by applying pressure through criminal prosecution should be offence, by applying pressure through criminal pr offence, by applying pressure through criminal pr - -3- deprecated and discouraged." deprecated and discouraged." Notice of motion. On asking of the Court, Ms. Navreet Kaur Barnala, Asstt. A.G., On asking of the Court, Ms. Navreet Kaur Barnala, Asstt. A.G., On asking of the Court, Ms. Navreet Kaur Barnala, Asstt. A.G., State and seeks Punjab, accepts notice on behalf of the respondent-State and seeks Punjab, accepts notice on behalf of the respondent Punjab, accepts notice on behalf of the respondent time to file status report in the matter. time to file status report in the matter. time to file status report in the matter. Adjourned to 14.11.2025. In In In the meantime, the meantime, the meantime, the petitioners are directed the petitioners are directed the petitioners are directed to to to join join join investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the when required by the Investigating Officer and cooperate with the when required by the Investigating Officer and cooperate with the when required by the Investigating Officer and cooperate with the itted to Investigating Agency. In the event of arrest, they shall be admitted to Investigating Agency. In the event of arrest, they shall be adm Investigating Agency. In the event of arrest, they shall be adm interim bail on furnishing of bail/surety bonds to the satisfaction of interim bail on furnishing of bail/surety bonds to the satisfaction of interim bail on furnishing of bail/surety bonds to the satisfaction of interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioners shall also abide by the Arresting/Investigating Officer. The petitioners shall also abide by the Arresting/Investigating Officer. The petitioners shall also abide by the Arresting/Investigating Officer. The petitioners shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” conditions as envisaged under Section 482(2) of BNSS, 2023. conditions as envisaged under Section 482(2) of BNSS, 2023. 3. bmits that in compliance of the Learned counsel for the petitioner submits that in compliance of the Learned counsel for the petitioner su Learned counsel for the petitioner su order dated 1 .10.2025 passed by this Court, the petitioner has joined the 15.10.2025 passed by this Court, the petitioner has joined the .10.2025 passed by this Court, the petitioner has joined the investigation. 4. , Learned counsel for the State, on instructions from ASI Amrik Singh, Learned counsel for the State, on instructions from ASI Learned counsel for the State, on instructions from ASI investigation and is no longer has submitted that the petitioner has joined the investigation and is no longer has submitted that the petitioner has joined the has submitted that the petitioner has joined the required for further investigation. required for further investigation. 5. In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim In view of the statement made by learned State counsel, the interim order dated 15 .10.2025 is made absolute. The petitioner shall continue to join 5.10.2025 is made absolute. The petitioner shall continue to join .10.2025 is made absolute. The petitioner shall continue to join the Investigating Officer and shall also abide investigation, as and when called by the Investigating Officer and shall also abide the Investigating Officer and shall also abide investigation, as and when called by by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. by the conditions as provided under Section 482(2) of the BNSS. (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No 18.11.2025 Gurpreet GURPREET 2025.11.21 18:58 I attest to the accuracy and authenticity of this document.