SARPARTAP SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been filed seeking quashing of FIR No.301 dated 5.12.2010 for offence under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code (for short "IPC"), registered at Police Station, Samrala District Khanna.

(2.) The brief backdrop of this case is that Harminder Parkash Gill-respondent No. 2 lodged the instant FIR on allegations that land measuring 39 kanals 05 marlas was mortgaged in favour of the respondent which fell to the share of petitioner Sarpartap Singh in partition amongst the co-sharers. The entry of mortgage was mentioned in the jamandandies for the years 1976-77, 1981-82, 1986-87 but in the jamandandi for the year 1991-92, the entry has been wrongly prepared deleting the name of the mortgagee. Sarpartap Singh was earlier working as Head Clerk in the office of SDO (Civil), Samrala. He in connivance with the then patwari and kunungo wrongly got deleted entry of mortgage in the jamabandi for the year 1991-92 till the present jamabandi. Another allegation is that the petitioner got recorded himself as owner without any encumbrance and created simple mortgage with the bank.

(3.) Counsel for the petitioner contends that as per allegations of the complainant, the entry regarding mortgage in favour of the respondent (complainant) was deleted for the first time in the jamabandi for the year 1991-92 and the present FIR has been registered after about two decades since deletion of the entry. It is argued with vehemence that the present proceedings have been lodged by the wife of former Director General of Police, Punjab and the same are nothing but abuse and misuse of process of law. It is further argued that even if entry regarding mortgage has been wrongly deleted from the revenue record i.e. jamabandi, the complainant at best can take recourse to appropriate proceedings in law for correction thereof but cannot launch the criminal prosecution after considerable delay of 20 years.