JAGAN NATH Vs. PARMOD KUMAR

JUDGEMENT

(1.) THIS is a revision petition against the order dated 10.10.2014 passed by Sub Divisional Magistrate, Phul, whereby the complaint filed by the revision petitioner Jagan Nath bearing No.09 dated 29.02.2012 was dismissed.

(2.) THE facts of the complaint filed by the revision petitioner, in brief, are that there was a land dispute between the revision petitionercomplainant, his brother Kulwant Rai -respondent No.2 and sons of respondent No.1 namely Ramandeep Singh and Amandeep Singh, respondents No.3 and 4. That dispute was amicably settled vide writing dated 02.10.2009 under the signatures of revision petitioner and his brother Kulwant Rai. The parties were to comply with the terms mentioned in the writing dated 02.10.2009 till 20.10.2009. Respondents No.2 to 4 committed default and did not turn up in the office of Tehsildar/Sub Registrar, Rampura Phul for execution of the transfer deeds. After few days, a close relative of the parties namely Parmod Kumar of Mandi Ahmedgarh -respondent No.1 intervened and assured to manage the implementation of family settlement dated 02.10.2009 but laid the condition to give Rs. 15,00,000 in cash as security which he would return after execution of the sale deed as per the settlement dated 02.10.2009.

(3.) THE complainant paid Rs. 15,00,000 in cash to Parmod Kumar and on 04.02.2010, the sale deed/exchange deeds by both the parties were executed. When the complainant asked Parmod Kumar to get returned Rs. 15,00,000 from Kulwant Rai, he started making excuses. Kulwant Rai also refused to withdraw the complaint filed by him. The matter was reported to the police on which registration of the FIR against respondents was recommended. Instead of registration of the FIR, a second inquiry was initiated and under political pressure, no further action was taken. The petitioner filed a criminal misc. petition i.e. CRM -M No.4612 of 2011 seeking registration of the FIR against the respondents but the same was withdrawn with liberty to file a complaint. Thereafter, complaint (Annexure P -1) was filed, wherein after recording of preliminary evidence, respondents -accused persons were ordered to be summoned by Sub Divisional Judicial Magistrate, Phul.