SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUKHWINDER Singh and Tirath Singh have filed this petition under Section 482 Cr.P.C. for quashing FIR No.13 dated 12.8.2013 under Sections 420 and 120B IPC registered at Police Station NRI, District Kapurthala (Annexure P1) along with all the consequential proceedings, on the basis of compromise dated 25.9.2013 (Annexure P2).

(2.) THE brief facts are that Amar Singh respondent No.2 being attorney of Balbir Singh Lally, Ranvir Singh Lally, Kamaljit Singh Lally sons of Gurmel Singh and Amarjit Kaur Aujla daughter of Gurmel Singh, resident of U.K. had filed a complaint that in the year 2002 when Gurmel Singh was in India, Balbir Kaur sister -in -law of Gurmel Singh procured a forged agreement regarding 12 kanal 4 1/2 marla of land, to grab the property of Gurmel Singh. She, in connivance with the relations, put the signatures of Gurmel Singh on the forged agreement. At present Sukhwinder Singh, brother of Balbir Kaur used to reside in their house and was threatening the complainant. The police conducted the inquiry and it was found that agreement, in dispute, is dated 3.4.2002, which is stated to have been executed by Gurmel Singh in favour of Balbir Kaur. Gurmel Singh had died on 5.4.2002. In the agreement, said land stated to have been transferred in the name of Balbir Kaur, on the basis of which she has given power of attorney to her brother Sukhwinder Singh. During inquiry, it was found that on 3.4.2002, Gurmel Singh was admitted in Tagore Hospital, Jalandhar due to increase in sugar level. Stamp paper was purchased by a person in the name of Kartar Singh. It was found that a forged agreement has been prepared by Balbir Kaur in criminal conspiracy with Tirath Singh and Sukhwinder Singh, who had attested the agreement.

(3.) AFTER completion of investigation, the challan has since been presented in the Court of learned Additional Chief Judicial Magistrate, Kapurthala, who has framed charge sheet under Sections 420 read with Section 120B IPC against present petitioners. Case is now fixed for prosecution evidence. Balbir Kaur is proclaimed offender.