KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C., is for quashing of FIR No.90 dated 13.03.2010, under Sections 379/447/511/506/294/427/34 IPC (Annexure P -11), registered at Police Station, Naya Gaon, District Mohali, report under Section 172 (2) Cr.P.C. dated 23.10.2010 (Annexure P -13) and the order dated 23.04.2012 (Annexure P -19), whereby charges have been framed against the accused -petitioner.

(2.) KARAN Singh and his mother namely Bhateri Devi had purchased land measuring 2 Marlas from Rajinder Kumar, real brother of Karan Singh vide registered sale deed dated 08.09.2005. Said Karan Singh is the husband of Smt. Parveen Kumar -complainant (respondent No.2.). Rajinder Kumar himself was a power of attorney holder to the extent of 80 Marlas given to him by one Swaran Singh. This General Power of Attorney did not contain any specific khasra number. After purchasing some part of Khasra Nos.194 and 235, Karan Singh and Rajinder Singh etc. moved an application for correction of Girdawari. While moving the said application on 26.08.2009, the khasra numbers were tampered and changed from 194 to 195 and 235 to 253. In the sale deed, 2 Marlas were given in Khasra Nos.194 and 235, however, while moving the aforesaid application for correction of the Girdawari, the applicants claimed possession of 5 Marlas in Khasra No.235. Kuljinder Kaur wife of the petitioner, who happened to be Municipal Councillor of the ward, in which the property is situated, moved an application to the Tehsildar in the year 2009 to the effect that the Tehsildar had wrongly passed the order dated 13.11.2009. Meanwhile, the complainant filed a civil suit (Annexure P -6) for permanent injunction in respect of Khasra Nos. 195 and 235 against the petitioner and his. She alleged that the petitioner was interfering in her peaceful possession over Khasra No.195. Vide order (Annexure P -7), the parties were directed to maintain status quo regarding possession over the suit property. Thereafter, the complainant made an application before the police against the petitioner, on the basis of which, the present FIR has been registered.

(3.) UPON notice, reply on behalf of respondent No.1 -State in the shape of affidavit of Deputy Superintendent of Police, City -I, District SAS Nagar, has been filed, wherein it has been stated that the present FIR has been registered on the basis of statement made by Parveen Kumari, alleging that she had a shop (kiosk) near Homeopathic Dispensary, Naya Gaon, in which she has been running the business of chappals, shoes and garments etc. A civil suit with regard to the land, on which the said kiosk was situated, was pending at Civil Court, Kharar against Kuldip Singh -petitioner. Stay had been granted in the said suit. Despite the said fact, on the intervening night of 28.02.2010/01.03.2010, Kuldip Singh along with his accomplices, had committed a theft in the shop/kiosk of the complainant. He misappropriated the articles lying there and tried to take possession of the land where the kiosk was situated. He gave filthy abuses to the complainant and extend threats to her life. On the basis of statement made by the complainant, the present FIR was registered. During investigation, spot inspection was conducted and site plan was prepared. Statements of the witnesses were recorded. Later on, the Superintendent of Police (D), Ropar conducted the investigation and prepared a cancellation report under Section 173 (8) Cr.P.C. The cancellation report dated 23.07.2012 (Annexure P -22) has been presented before the trial Court. An application dated 23.07.2012 (Annexure P -23) for getting the accused -petitioner discharged was also presented before the Court. Detailed enquiry report dated 16.05.2012 submitted by Superintendent of Police (Traffic), SAS Nagar, is annexed as Annexure P -20.