MANMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this Crl. Misc., Manmeet Sngh has prayed for the quashing of case F.I.R. No. 113 registered under Section 420/421 I.P.C. dated 23.9.98 at P.S. Sardoolgarh, District Mansa. It has been further prayed that further proceedings be stayed and direction be issued to S.H.O. , P.S. Sardoolgarh/investigating officer not to present report under Section 173 Cr.P.C./challan aginst him and his father. Facts :

(2.) As per Suresh Kumar respondent No.2 who is author of this F.I.R., he had advanced loan in the sum of Rs. 12 lacs to Smt. Balbir Kaur wife of Surinder Singh/mother of Manmeet Singh in various instalments from the year 1985 to 1994. Smt. Balbir Kaur could not repay the loan to Suresh Kumar. On 31.1.94, Balbir Kaur entered into an agreement with Suresh Kumar Annexure P-2. In this agreement, it was mentioned that Balbir Kaur would repay the amount on or before 31.7.94 along with interest (@2.5% per mensum on the said amount. It was also stated in this agreement that Balbir Kaur shall mortgage 14 acres of agricultural land situated in village Ahlupur, District Mansa to him (Suresh Kumar). It was also stated in para 5 of the agreement that in case Balbir Kaur failed to repay the said amount in time, Suresh Kumar shall have the right to dispose of agricultural land belonging to her at the prevalent market rate to any third person he liked upto Rs. 12 lacs and to adjust the said amount. It was also stated in that agreement that in case any dispute arose between them, they shall refer the dispute to the arbitrator to be appointed by them mutually and the decision of that arbitrator shall be binding on them. Balbir Kaur could not repay the amount as stipulated in agreement Annexure P-2. Another agreement was executed by Balbir Kaur on 22.5.95 Annexure P-3 which was in continuation of agreement Annexure P-2. According to the recital in para 1 of the agreement Annexure P-3, possession of the land was already with Suresh Kumar pursuant to agreement Annexure P-2 dated 31.1.94 and he or his attorney would be authorized to sell that land and recover Rs. 12 lacs along with interest @ 2.5% per month. On 22.12.94, Balbir Kaur executed a registered will in favour of her two sons named Manmeet Singh and Kamaljit Singh Annexure P-4. According to the registered will executed by Balbir Kaur in favour of her sons Manmeet Singh and Kamaljit Singh, she was the sole owner of the property situated in village Ahlupur and after her death, her both sons would be owners in equal shares and no other relation of her would have any concern with that property.

(3.) In the month of December 1995, Balbir Kaur died and after her death, land devolved upon her two sons in equal shares as per will dated 22.12.94. As per the provisions of the Hindu Succession Act also he and his brother Kamaljit Singh are the two legal heirs of their mother Balbir Kaur. Mutation was sanctioned in March 1996. Allegation against Manmeet Singh by Suresh Kumar is that he in connivance with his father and others mala fide with intention to cheat Suresh Kumar got land transferred after the death of Balbir Kaur. As per Manmeet Singh. there was no fraud committed with Suresh Kumar by him or Kamaljit Singh as the land was mutated after the death of their mother Balbir Kaur as per the registered will. Revenue authorities did no wrong when they entered the mutation on the basis of the registered will. It is alleged by Manmeet Singh that agreement Annexure P-2 was not genuine. Signatures of Balbir Kaur on Annexure P-3 were obtained fraudulently and in continuation of first agreement dated 31.1.94. The second agreement was executed by Balbir Kaur. As per agreement P-2 and P-3 possession is already with Suresh Kumar and he is authorized to dispose of the property to recover the amount which was given to him by Balbir Kaur. How is he (Manmeet Singh) a hindrance in the way of Balbir Kaur selling the land. Assuming that these agreements are genuine, Suresh Kumar has a right to file a civil suit against Balbir Kaur. Recital in agreement P-3 that in case Balbir Kaur or any of her legal heirs administrators, successors executors and assignees became hindrance in the management of the above agricultural land, or in the construction of building etc., she shall be liable to pay seven times of the loan referred to above with interest to him (Suresh Kumar) without any dispute. It is alleged that Suresh Kumar can enforce these agreements in the civil court against Balbir Kaur (dead) represented by her legal heirs. His father Surinder Singh was dealing in the business of shares for sale and purchase in the name and style M/s. Falcon Investment Pvt. Ltd. Co. During this business Shri Jaipal Gupta who is Suresh Kumar's brother, Suresh Kumar and Rajesh Kumar who is brother in law of Jaipal Gupta came in the contact of Surinder Singh. At that time there was dispute regarding the land between Balbir Kaur and her relation Surmukh Singh, Surjit Singh and Harcharan Singh sons of Gajinder Singh residents of village Ahlupur. Jaipal Gupta represented to Balbir Kaur that he had cordial relations with Shri K.K. Attri. Inspector General of Police. Punjab and that he will get her possession of the land with the help of Shri K.K. Attri. It was settled that Rs. 8 lacs would he given to Shri K.K. Attri. In fact Jaipal Gupta was the power broker of Shri K.K. Attri, Balhir Kaur was unable to pay the huge amount and she promised that if land was given to her, she would definitely pay this amount to Shri K.K. Attri. Jaipal Gupta got the signatures of Balbir Kaur on blank papers. Possession of the land was not got delivered to Balbir Kaur from Surmukh Singh etc. though K.K. Attri made every effort to secure possession for her through the revenue department and the police. Revenue authorities refused to oblige Shri K.K. Attri saying that the case would be decided according to law. Thereafter, relations between Jaipal Gupta and others and Balbir Kaur became strained. Signatures of Balbir Kaur were obtained on blank papers male fide by Jaipal Gupta and Suresh Kumar with the connivance of K.K. Attri with a view to grabbing the property of Balbir Kaur. In fact no loan was obtained by Balbir Kaur. Surinder Singh co-accused with him in this F.I.R. filed Crl. Misc. No.7002-M of 1999 which waxfor the quashing of this F.I.R. which was allowed by Hon'ble K.K. Kumaran. J. vide order Annexure P-5. Allegation against the petitioner is not more than what is alleged against co-accused Surinder Singh.