Penal Code, 1860–Secs. 420, 465, 467, 468, 471 & 120-B–Prayer for quashing the criminal proceeding with the contention that it is a civil case and an attempt has been made to give the colour of a criminal case–Sale deed could not be executed after receiving the advance amount–Ground of petitioners that they could not perform their due part owing to the litigation–Complainant has filed the suit for specific performance–Pursuant to direction passed by this Court, petitioner have deposited the demand draft of Rs. 31 lakhs but the respondent declined to accept it–FIR was lodged in the year 2013 and investigation is stalled owing to the interim order passed by this Court restraining the arrest of petitioners–FIR deserves to quashed with the direction to the petitioner to deposit a draft of Rs. 31 lakhs before the concerned Civil Court.
