KULWANT SINGH AND OTHERS Vs. SURJIT SINGH

JUDGEMENT

(1.) PETITIONERS have preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No. 67/2007 dated 30.4.2007 (Annexure P -1) and all the subsequent proceedings arising therefrom including summoning order dated 17.5.2011 (Annexure P -2). Case of the complainant, in brief, is that the complainant was owner of the land in question. The land belonged to Harijan Cooperative Society Ltd. and had been allotted to the father of the complainant. After the death of Ralla Singh, father of the complainant, he (complainant) become member of the society. Complainant remained in possession of the land till June, 2004 but was forcibly dispossessed by the accused in connivance with each other. In December, 2006, accused had started to raise more construction over the land in dispute.

(2.) LEARNED counsel for the petitioners has submitted that the complainant had executed agreement to sell in favour of petitioners No. 2 and 3 on 6.5.1999 (Annexure P -3). Complainant had executed affidavit (Annexure P -4) on the same day that in future he would have no concern with the suit land.

(3.) IN the case of State of Haryana vs. Bhajan Lal, : 1992 Supp (1) SCC 335, the Apex Court has held as under: -