SAT PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE order dated 14.1.1997 passed is Crl. Misc No. 11787-M of 1996, proceedings in criminal case FIR No. 172 dated 18.8.95 registered at PS Division No. 5, Ludhiana under Sections 406, 419, 420, 468, 471, 120-B IPC were ordered to be stayed during the pendency of civil suit titled "Sucha Singh v. Daljit Singh and others". It was ordered that criminal case shall remain stayed till the disposal of the Civil Suit. It will become revived if the findings on the relevant issues are returned by the civil court against the petitioners. Facts :-

(2.) SUCHA Singh was owner of property/house measuring 554. sq. yards bearing No. B-XXI-14618 situated at GT Road, Dholewal, Ludhiana. He was also owner of land bearing Khasra No. 1933/420/2 situated in revenue estate of village Dholewal shown in jamabandi for the year 1984-85. He had executed valid registered will dated 31.3.89 in favour of his sons Ajmer Singh and Ajaib Singh bequeathing the property owned by him including the property in dispute. He is a retired District Forman and he has visited many foreign countries. He always signed in English. He is conversant with other Indian languages. He purchased the aforesaid house vide sale deed dated 21.2.1966. His sons Ajmer Singh and Ajaib Singh are settled in England. He has been going to England to see his sons and he resided with them many times. He has three daughters. One is Ajit Kaur wife of Capt. Lal Singh putting up at Chandigarh. Others are Kulwant Kaur and Nachhtar Kaur alias Satya putting up at Ludhiana. Two shops are on rent with Bhajan Singh proprietor of M/s Motor Spare Parts, GT Road, Gandhi Nagar, Ludhiana and M/s New Agro Motor House through its proprietor Mr. Sharma and back portion towards the railway line is in the occupation of Daljit Singh and Satpal Singh as tenants. Daljit Singh and Satpal Singh used to pay rent @ Rs. 1500/- per mensum plus house tax to Sucha Singh. Other aforesaid tenants used to pay rent @ Rs. 600/- per month for the shops and Rs. 500/- per month rent for property No. 2045, Capt. Lal Singh Road in Gobind Nagar, Ludhiana. He was thus collecting rent to the tune of about Rs. 2600/- per month. In the year 1990, there was a marriage of the grand daughter of Sucha Singh in England. Sucha Singh attended that marriage and resided for some time with his sons. Nachhtar Kaur also attended that marriage. Nachhtar Kaur requested him to reside with her some time in India and look after the property. It was orally settled between the families that out of the rent received by him, she will keep Rs. 1000/- for the maintenance of Sucha Singh. Rs. 1500/- - 1600/- will be deposited in his account. On this offer, Sucha Singh came to India with the consent of his sons and started residing at 1643, GT Road, Gandhi Nagar, Ludhiana. In the year 1991 i.e. about the month of September to December 1991, Scucha Singh fell ill and remained under treatment of various doctors. He remained mostly under the confinement of his daughter Nachhtar Kaur alias Satya, Surjit Singh and Balwinder Singh Lambardar. They did not want that he should move freely and communicate with his sons and other relations. Surjit Singh and Nachhtar Kaur did not reply to the letters of Ajmer Singh and Ajaib Singh, the sons of Sucha Singh. They did not even respond to their telephone calls from England. In the month of December, 1994, some near relations informed Ajmer Singh and Ajaib Singh in England that Surjit Singh and Nachhtar Kaur are playing with the property of Sucha Singh and also that Sucha Singh was in bad health. Thereupon, Ajmer Singh and Ajaib Singh rushed to India and contacted Satpal Singh and Nachhtar Kaur who refused to tell them whereabouts of Sucha Singh. Sucha Singh came to know that Satpal Singh and Daljit Singh had forged the sale deeds relating to Sucha Singh's property/plot situated at GT Road, Gandhi Nagar opposite Dholewal, Ludhiana. Approximate market value of this property was Rs. 30 lacs. Sucha Singh was deprived of this valuable property by fraudulent act of Satpal Singh, Daljit Singh etc. On an application made by Ajmer Singh and Ajaib Singh sons of Sucha Singh to the Senior Superintendent of Police, Ludhiana to this effect, case FIR No. 172 dated 18.8.95 was registered at PS Division No. 5, Ludhiana under Sections 406/419/420/468/471/120-B IPC. Vide Crl.Misc. No. 11787-M of 1996 filed by Satpal Singh and Daljit Singh sons of Gurbax Singh, they have prayed that the aforesaid FIR registered against them be quashed. It was averred by them that they were bonafide purchasers for consideration. Payment was made by pay orders "not transferable" and the amount was duly credited into the bank account of Sucha Singh. Sucha Singh duly executed the sale deeds and got them registered. Mutation was duly entered in the record and the relevant (entries) were duly made in the record of Municipal Corporation, Ludhiana. They have been duly assessed for house tax and they are paying house tax to Municipal Corporation, Ludhiana. Sale deeds were executed and registered in the year 1991 and the FIR was lodged on 18.8.1995. There is no explanation for this inordinate delay in the lodging of the FIR. On the same facts, civil suit titled Sucha Singh v. Daljit Singh and others has been filed in the court of Senior Sub Judge, Ludhiana for declaration to the effect that he (Sucha Singh) is owner of the property and the sale deed in respect of property No. 1933/420/2 as shown in the jamabandi for the year 1984-85 of village Dholewal dated 10.10.1991 registered on 31.10.1991 vide Vasika No. 17227 in favour of Daljit Singh and the sale deed dated 10.10.1991 registered on 31.10.1991 vide Vasika No. 14751 in favour of Satpal Singh regarding House No. B-XXI/14618 are illegal, null and void, without consideration and an act of fraud, conferring no right on them and the said civil suit is pending in the court of Sub Judge Ist Class, Ludhiana and sales are not binding upon Sucha Singh. Copy of the plaint is Annexure P1. Sucha Singh died on 13.6.1995. It is further averred that there is family dispute between Ajmer Singh. Ajaib Singh, sons of Sucha Singh and their sister Nachhtar Kaur @ Satya and her husband Surjit Singh, their sons and their widowed daughter Rani in respect of the accounts in respect of the rent (monies) and the sale proceeds of the property sold. As such, this FIR is not bonafide. During the hey days of militancy in Punjab in the years 1983 to 1992, there was no buyer for property in then State of Punjab and people were selling their property in the State of Punjab and going outside the State of Punjab to buy property. In the civil suit, the subject matter is the two sale deeds and the same property. Decree by the civil court will be binding on the criminal court. On the same facts continuation of the criminal prosecution would be an abuse of the process of the court.

(3.) NOW Ajmer Singh son of Sucha Singh has made this application (Crl. Misc. No. 941-M of 2000) whereby he has prayed for the modification of the order dated 14.1.1997 passed in Crl.Misc. 11787-M of 1996 (ibid) and for direction that there shall be no stay so far as criminal case is concerned and criminal case can go side by side with the civil case.