ASHOK KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Vide this judgment, abovesaid two petitions would be disposed of as the petitioners have sought quashing of FIR No. 539 dated 27.11.2008 under Section 465/ 467/ 468/ 471/ 474/ 120-B of the Indian Penal Code, 1860 (IPC for short) registered at Police Station Kotwali Patiala, District Patiala and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners have submitted that no criminal offence could be said to have been committed by the petitioners. The suit filed by petitioner Ashok Kumar for specific performance of agreement to sell in question was decreed by the civil Court. The said decree was final. So far as petitioner Pargat Singh is concerned, he had attested the agreement to sell in question.

(3.) Respondent No. 2 had filed the objection petition in the execution proceedings and the same was dismissed by the trial Court vide order dated 3.1.2009. The petitioners cannot be tried in the criminal proceedings with regard to commission of offence of forgery.