High Court of Punjab and HaryanaCRM-M/16253/2015allowed

Jaswinder Singh And ORS v. State Of Punjab And ANR

2018-08-03Mrs Justice Daya Chaudhary2 pages

-1CRM-M-16253 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16253 of 2015 Date of Decision: 03.08.2018 Jaswinder Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. R.S. Chauhan, Advocate, for the petitioners. Mr. Amandeep S. Gill, DAG, Punjab.

Mr. Vijay Rana, Advocate, for respondent No.2. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for quashing complaint No.2053 of 21.12.2013 (Annexure P-4) under Sections 419, 420, 467, 468, 506 and 120-B/34 IPC pending in the Court of learned Judicial Magistrate Ist Class, Phagwara, and summoning order dated 17.11.2014 (Annexure P-5).

In nutshell, respondent No.2 - Kirpal Singh filed complaint (Annexure P-4) against the petitioners under aforesaid Sections with the allegations that he never sold khasra No.357, measuring 8 kanals to the petitioners vide sale deed dated 31.12.2007, while selling 66 marlas of land comprising other khasra numbers. Petitioners manipulated the sale deed and fraudulently got inserted khasra No.357 in the sale deed and in this way cheated the complainant. After recording preliminary evidence, petitioners were summoned vide order dated 17.11.2014 (Annexure P-5). In compliance of order dated 26.07.2018, original sale deed has Ravinder Singh 2018.08.06 12:33 I attest to the accuracy and authenticity of this document been produced for perusal of this Court. On perusal of the same, it is clearly evident on the record that there is no manipulation or forgery in the same.

-2CRM-M-16253 of 2015 Learned counsel for respondent No.2 has not been able to point out any such malicious act on the part of the petitioners after perusing the original sale deed.

In view of above, petition is allowed. Impugned complaint is quashed and summoning order is set aside.

(RAMENDRA JAIN) August 03, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.08.06 12:33 I attest to the accuracy and authenticity of this document