BALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is alleged that petitioners 1 to 3 purchased 1/2 share of land belonging to Sadhu Singh and Son a Devi vide, sale deed dated 11.1.1990. The sale deed had been duly executed and registered. In pursuance of the said sale deed possession was delivered to petitioners Ito 3 and mutation sanctioned in their favour. Thereafter, respondent, Smt. Sona Devi filed a civil suit challenging the sale deed dated 11.1.1990 on certain grounds. It was followed by Smt. Sona Devi in getting a case registered with respect to offences publishable under Sections 120-B/4191 420 and 425 Indian Penal Code. She had alleged that Lakhmiri was the mother of Sadhu Singh. When she found Sadhu Singh to be insane and incapable to protect his proprietory rights, she bequeathed her property to the respondent-Smt. Sona Devi. The petitioners helped Sona Devi in getting the will executed. Respondent believed them. In fact it was mentioned in the complaint that all the petitioners had connived and succeeded in getting her thumb impression on the sale deed. No sale consideration was paid.

(2.) Petitioners filed the present criminal miscellaneous seeking quashing of FIR recorded at the instance of Smt. Sona Devi in which it was asserted that F.I.R. has been got recorded as a result of ill-will and mala fide intention. The F.I.R. was made after filing of the civil suit and in any case no offence is made out. On 18.5.1993, this Court had directed that the petition seeking quashing of F.I.R. should be listed after the decision of the civil litigation pending between the parties.

(3.) It has been pointed out that Smt. Sona Devi has withdrawn her civil suit and has admitted the execution of the sale deed. A copy of the statement made by Smt. Sona Devi in the Civil Court and the order oflearned Subordinate Judge, Rajpura have also been filed so as to indicate that Smt. Sona Deviadmitted the execution of the sale deed and has withdrawn the civil suit. Notice of the application filed taking note of subsequent events was also given to respondents counsel. It was not denied that the said civil suit had been withdrawn and execution of the .sale deed admitted.