PIARA LAL Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Vide this order, above mentioned two petitions would be disposed of as the petitioners have sought quashing of the FIR No. 42 dated 16.4.2009, under Section 420, 471, 465, 120-B of the Indian Penal Code ('IPC' for short), registered at Police Station Sadar, District Shahed Bhagat Singh Nagar (Nawanshahr) (Annexure P-1) and all the subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioners have submitted that the complainant is the son of petitioner Kuldip Singh. Both Kuldip Singh and as well as complainant Harjinder Singh are permanently settled in Canada. They are having litigation in Canada also. Petitioner Kuldip Singh had a house within the residential area of village Lodhipur. The said house was being looked after by Sodhi Singh. The FIR in question had been lodged qua the incident which had allegedly taken place about four years prior to the registration of the FIR. Civil litigation was pending between the parties. The complaint filed by respondent No. 2 had been inquired on many occasions and the inquiry officer had opined that no cognizable offence was made out in this case. Hence, the FIR in question was liable to be quashed.

(3.) Learned State counsel as well as counsel for respondent No. 2, on the other hand, have opposed the petitions. Learned counsel for respondent No. 2 has submitted that the house in question belonged to the complainant. Kuldip Singh had got an electricity connection in his name qua the said house with a view to create evidence qua possession in his favour in the civil litigation.