Penal Code, 1860–Secs. 406, 329, 386, 147, 148 & 149–Criminal proceedings–Quashed by High Court–Justification–Very serious triable issues/allegations which were required to be gone into and considered at the time of trial–High Court failed to consider the fact that the joint notarized affidavit is seriously disputed–Conclusion up to effect that no case is made out u/s. 406, is premature–Further, both the parties filed the civil suit for permanent injunction–Nothing on record that any suit for specific performance has been filed–Held, High Court exceeded its jurisdiction in quashing the criminal proceedings.
