MUNISH JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused Munish Jindal and his father Amrit Lal Jindal have filed this petition under Section 482 of the Code of Criminal Procedure (in short - Cr.P.C.) for quashing FIR No. 153 dated 09.06.2009 (Annexure P-3), under Section 420 of the Indian Penal Code (in short-IPC), registered at Police Station City Sangrur, District Sangrur. It is alleged in the FIR that the complainant and her sister Madhu Bala had share in property mentioned in the FIR i.e. four houses, 1-1/2 shops and 7 acres land, besides other property falling to their share, but complainant's uncle - petitioner No. 2 and his son have taken the share of the complainant party in the said property. Complainant's father Raghbir Chand being deaf and dumb by birth, and having died in the year 2003, could not claim his right being deaf and dumb. Petitioners have misappropriated the property of the complainant party. Petitioner No. 2 has even sold one of the houses.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Counsel for the petitioners vehemently contended that complainant lodged this FIR after having lost in the Civil Court, and therefore, the criminal proceedings initiated by the complainant are abuse of process of law. On the other hand, learned counsel for respondents contended that the civil suit related to some other property and not to the property mentioned in the FIR. It was also contended that challan has already been presented in the Court.