HARCHARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, I intend to dispose of four petitions i.e. CRMM-77871-2018 filed by petitioner Harcharan Kaur for setting aside of the order dated 21.9.2018 passed by Judicial Magistrate Ist Class, Ludhiana vide which she was declared proclaimed person and CRM-M-48337-2018 filed by petitioner Amolak Singh, CRM-M-14292-2019 filed by petitioner Harminder Singh and CRM-M-6888-2019 filed by petitioner Paramjit Singh, who are accused in FIR No.13 dated 29.1.2017, under Sections 380, 419, 420, 451, 468, 471, 506 and 120-B IPC, registered with Police Station Division No.3, Ludhiana for grant of regular bail.

(2.) Briefly stated, facts of the case as per prosecution story are that complainant Parvesh Verma son of Raj Kumar Verma had submitted a written complaint to police at Ludhiana seeking taking of action against Harcharan Kaur - wife of Harbhajan Singh, his sons Vasdev, Paramjit Singh @ Jugnu, Harminder Singh and Amolak Singh as well as Gurbux Singh contending that accused being owners of the property measuring 140 square yards bearing Nos.B-6-1132, 1133, 1134, 1135 situated at Mohalla Tajganj, Samrala Road, Ludhiana had entered into an agreement to sell the same with the complainant through property dealer; in terms of the agreement first sale deed for 40 square yards of land was executed by Harcharan Kaur vide document No.16639 dated 5.3.2015 in favour of Santosh Verma mother of the complainant; the sale deed was attested by Paramjit Singh and Anil Chawla, Advocate; the complainant had paid the entire consideration amount; the sale deed with respect to remaining 100 square yards of property was executed by Harcharan Kaur and other accused on 28.4.2015 vide document No.1610; that sale deed was attested by Paramjit Singh alias Jugnu son of Gurbax Singh; again the consideration amount was paid; video film of the accused accepting the sale consideration in cash was also made; the accused had dishonest intention right from the beginning and they had prepared a forged and fabricated power of attorney vide document No.1987 dated 2.3.2015 three days prior to execution of first sale deed for 40 square yards of property purported to have been executed by Harcharan Kaur in favour of her younger son Harminder Singh, who had executed a sale deed in favour of accused Vasudev vide document No.283 dated 8.4.2015; that was done prior to execution of sale deed dated 28.4.2015 in favour of the complainant; all the accused had also prepared a forged and fabricated agreement by forging signatures of father and mother of the complainant; they had also prepared compromise by forging signatures of complainant and his brother in order to usurp the earnest money and consideration amount; the possession of the property had been given to complainant on 20.5.2016, however the accused committed theft in the shop and threatened to kill the complainant and in that regard the complainant had submitted a complaint to the police. However, accused filed a false case against the complainant and his other family members, in that way the accused had committed offences under Sections 380, 419, 420, 451, 468, 471, 506 and 120-B IPC.

(3.) On the basis of this complaint, formal FIR No.13 dated 29.1.2017, under Sections 380, 419, 420, 451, 468, 471, 506 and 120-B IPC was registered with Police Station Division No.3, Ludhiana. Accused were arrested. Accused Amolak Singh, Harminder Singh and Paramjit Singh had filed application for regular bail before Court of Sessions at Ludhiana but were unsuccessful there, as such they have approached this Court seeking similar relief by filing of separate petitions, notices of which have been issued to the respondent, who has put in appearance through counsel.