BALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) <DJG>AJAI LAMBA, J.</DJG> This petition has been filed under Section 482 Cr.P.C. for quashing FIR No.66 dated 24.4.2008 under Sections 420, 342 IPC registered with Police Station, Garhshankar, District Hoshiarpur and subsequent proceedings. FIR has been registered on the statement of Surjit Kaur who has been arrayed as respondent No.2. Despite the service, none has put in appearance for respondent No.2. It has been argued by learned counsel for the petitioners that petitioner No.1, Balbir Singh purchased the land measuring 24 kanal from respondent No.2 Surjit Kaur for a sum of Rs.18 lac vide sale deed registered on 2.6.2006 (Annexure P-1).

(2.) At that point in time, respondent No.2 had some dispute with her son Sukhjinder Singh and others who did not want Surjit Kaur to sell the land. So much so, respondent No.2 filed a criminal complaint against her son, Sukhjinder Singh and others. Annexure P-4 is the statement of Surjit Kaur given as CW-1 in which a mention in regard to sale of land on account of personal necessity has been made.

(3.) Learned counsel further contends that the dispute between the mother and son was settled and therefore, the complainant did not appear in the criminal complaint proceedings. On 15.3.2007, the complaint was dismissed for want of prosecution as would be evident from Annexure P-5.