HARBIR SINGH GILL Vs. KULBIR SINGH

JUDGEMENT

(1.) This order shall dispose of both the above mentioned petitions as they arise from similar factual matrix. However, for the sake of brevity, the facts are taken from CRM-M-8629-2011.

(2.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') for quashing of Criminal Complaint No.22833 of 2010 dtd. 30/7/2010 (Annexure P-1) titled as 'Kulbir Singh Gill Vs Harbir Singh Gill and others' summoning order dtd. 5/1/2011 (Annexure P-2) passed by the learned Additional Chief Judicial Magistrate, Chandigarh against petitioners under Ss. 447/457/341 of IPC and all consequential proceedings arising therefrom.

(3.) Succinctly, the facts, as alleged, are that the petitioner-Harbir Singh Gill, petitioner-Rajbir Singh and the respondent-Kulbir Singh are real brothers who were residing together as a joint family in House No.140, Sector 27-A, Chandigarh. In view of a verbal settlement arrived at in the year 1993, at the instance of their father Dilbag Singh, the brothers were given possession over different portions of the said house. The respondent was residing in a government accommodation, while he and his family retained possession over their portion of the house by keeping their articles there under lock and key. Subsequently, Dilbag Singh passed away on 28/8/2003.