BADAN SINGH Vs. R.K. SONDHI

JUDGEMENT

(1.) BADAN Singh and his brother's wife Om Pati have filed this petition under Section 482 of the Code of Criminal Procedure (for short "the Code"), for quashing of complaint, Annexure P-6, filed against them, under Section 193/120-B of the Indian Penal Code, by Shri R.K. Sondhi, Civil Judge, Siwani, and the order dated 26.7.1996, Annexure P-7, passed by the court of Chief Judicial Magistrate, Hisar, summoning them as accused in that complaint.

(2.) THE facts are like this. Badan Singh petitioner filed a Civil Suit for declaration against Om Pati petitioner in the Court of Civil Judge, Siwani, District Hisar. Om Patti petitioner appeared in court and filed written statement, Annexure P-2, admitting his claim and prayed that the suit be decreed. She also made a statement, Annexure P-3, in this regard. On being questioned by the learned Civil Judge, she further stated, vide Annexure P-8, that she had received Rs. 60,000/- from Badan Singh petitioner (plaintiff) in lieu of the land. The learned Civil Judge dismissed the suit, and while doing so he also held, vide Annexure P-5, that it was a fit case where a complaint for committing offence under Section 193/120-B of the Indian Penal Code be filed against the petitioners. He, thereafter, filed complaint, Annexure P-6, in the court of Chief Judicial Magistrate, Hisar. The petitioners were summoned as accused by the learned Chief Judicial Magistrate, Hisar, vide order dated 26.7.1996, Annexure P-7. Thereafter they filed this petition for quashing of the complaint as well as the summoning order.

(3.) I have heard arguments addressed by Shri Vivek Singal, learned counsel for the petitioners, and Shri Ravi Dutt Sharma, Assistant Advocate General, for the respondent-State.