PUSHPINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) PETITIONER seeks quashing of FIR registered at the instance of Kirpal Singh alleging that the complainant had agreed to sell eight killas of land to the petitioner vide agreement of sale dated 28.6.2005 for a sum of Rs. 16 lacs. The said amount of Rs. 16 lacs was received by the complainant from the petitioner. The petitioner had also got a power of attorney dated 28.6.2005, executed in favour of Sewa Singh besides getting another Will executed. Thereafter, the petitioner had shown his intention not to get the sale deed of the property executed in favour of the complainant and told the complainant to pay a sum of Rs. 21 lacs to him against the amount of Rs. 16 lacs received by the complainant. The complainant had agreed to return the amount of Rs. 21 lacs to the petitioner in installments. The complainant had paid a sum of Rs. 13 lacs out of Rs. 21 lacs by different cheques and in cash. The complainant had to pay the remaining amount after payment of Rs. 13 lacs but the petitioner had refused to receive the remaining amount. The allegation against the petitioner is that despite having the power of attorney, will and agreement of sale cancelled, the petitioner got the sale deed of the property executed from Sewa Singh holder of power of attorney in the name of his wife Avtar Kaur to the extent of half share and in the name of Rani, the mother -in -law of the petitioner to the extent of another half share. Counsel for the petitioner has vehemently contended that it is an admitted case of the parties that a civil suit regarding the controversy was filed by the complainant. The suit having been dismissed, the continuation of the criminal proceedings is an abuse of process of the Court.

(2.) ON asking of the Court, counsel informed that an appeal against the order passed by the civil Court is pending before the appellate Court.

(3.) I have heard the learned counsel for the petitioner and considered the facts and circumstances of the case. It is apparent from the allegations in the FIR that the petitioner though had paid a sum of Rs. 16 lacs to the complainant but subsequently he on cancellation of the transaction received sum of Rs. 13 lacs. It is an admitted fact that the petitioner has got sale deed of the property of the complainant executed on the basis of the power of attorney and Will which was also simultaneously executed in favour of Sewa Singh. The wife and the mother -in -law and the petitioner are beneficiaries of the sale deed executed on the basis of alleged cancelled power of attorney.