GURDEEP KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Code of Criminal Procedure for quashing of FIR No. 592 dated 21.12.2004 under Sections 420, 467, 468, 471, 506 and 120B IPC registered at Police Station City, Jagadhari and all the subsequent proceedings arising therefrom.

(2.) AS per the FIR, the husband of the Petitioner has got executed power of attorney by way of producing some other person instead of Atma Ram, whereas Atma Ram has already been expired on 21.8.1970. The said registered power of attorney was executed by Smt. Saraswati Devi, Surinder Kumar, Rupa Sharma and Mohni Devi, who were the legal heirs of Atma Ram. It is alleged that at the time of execution of attorney, whole amount of sale consideration has been paid to the legal heirs of Atma Ram. Atma Ram never executed any power of attorney in favour of the husband of the Petitioner and got executed the sale deed dated 4.5.2004 in favour of the Petitioner and both these documents are registered. The investigation had been conducted by the police under Section 173(8) Code of Criminal Procedure and no incriminating evidence has been found against the Petitioner as she has purchased half share of the property in accordance with law and half share of the property was purchased by Milap Chand and cancellation report was filed by the police against him. The complainant has got the FIR registered, at the instance of a local property dealer, against whom the FIR was sought to be registered by the husband of the Petitioner. During the investigation, Milap Chand, who had purchased half share of the property, was discharged vide order dated 5.9.2006, passed by the Additional Chief Judicial Magistrate, Yamuna Nagar. During the pendency of this criminal miscellaneous, the proceedings qua the Petitioner has been stayed vide order dated 17.3.2005.

(3.) NO further orders are required to be passed in view of the judgment passed by ACJM, Yamuna Nagar.