KRISHNA DEVI Vs. LAL CHAND

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the Complaint No.RT-18/9/5/2016 dtd. 19/8/2015 filed by respondent No.1 under Ss. 452/ 379/ 295/ 435/ 506/ 148/149/120-B IPC (Annexure P-5), the Summoning order under Ss. 148, 295 read with Sec. 149 IPC passed by the JMIC, Moga dtd. 23/5/2018 (Annexure P-6) and all subsequent proceedings arising therefrom.

(2.) The brief facts of the case as emanating from the pleadings are that petitioner No.1 is the real sister of respondent No.2. Their father late Munish Ram vide Transfer Deed dtd. 23/5/2005 transferred his land measuring 40 kanals 8 marlas in favour of the petitioner No.1. The said transfer deed was challenged by the respondent No.2 by way of filing of a civil suit bearing Civil Suit No.57 of 2006 for declaration to the effect that the suit property was ancestral/coparcenary and respondent No.2/complainant was in possession thereof.

(3.) The said Civil Suit bearing CS No.57 of 2006 filed by respondent No.2 was dismissed on 17/9/2013 (Annexure P-1) wherein a finding was given to the effect that the Transfer Deed dtd. 23/5/2005 was just and proper. It was also held that Mutation No.940 had been sanctioned in favour of petitioner No.1-Krishna Devi and that order had been upheld in the Court of A.C. 2nd Grade, Commissioner, Ferozepur Division and FCR, Punjab and therefore respondent No.2/complainant had not been able to prove his possession.