RAJAN KUMAR GUPTA Vs. GURJEET KAUR BAJWA

JUDGEMENT

(1.) The petitioner has invoked inherent powers of this Court by preferring this petition under Section 482 CrPC for quashing the order dated 7.1.2017 passed by the Sessions Judge, Bilaspur in Criminal Revision No.67/2016, as also for quashing the order passed by the Judicial Magistrate First Class, Bilaspur on 25.1.2016 in complaint case No.866/2016 registering the offence under Section 420 read with Section 120-B of the IPC against the petitioner and other accused persons named in the complaint.

(2.) Facts of the case, briefly stated, are that complainant Gurjeet Kaur is the owner of residential house at Minocha Colony, Bilaspur. In the complaint filed before the Magistrate under Section 200 CrPC, she would allege that the petitioner and other accused persons conspired to forge and concoct an agreement to sell of the complainant's house in favour of one Amolak Singh. The petitioner purchased stamp of the draft sale deed and signed over the same as attesting witness knowing fully well that the owner of the house is not present during the process. The trial Court, after recording statement of the complainant and her witnesses, issued the process against the petitioner for offence under Section 420 read with Section 120-B of the IPC.

(3.) It is not in dispute that based on the forged agreement of sale, Amolak Singh preferred a suit against the complainant which was dismissed by the Civil Court holding the agreement to be forged and the appeal preferred by Amolak Singh against the said judgment and decree has also been dismissed.