JASJIT SINGH BHASIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners vide this petition filed under Section 482 of the Code of Criminal Procedure seek quashing of FIR No. 153 dated 10/6/2005, registered under Section 420, 467, 468, 471 and 120-B, IPC at Police Station Derabassi (Annexure P-6) as well as the subsequent proceedings arising therefrom.

(2.) The facts as culled out from the petition are that petitioner No. 1 is step son of respondent No. 2. Respondent No. 2 is legally wedded wife of late Hardit Singh. From the wedlock of Hardit Singh and respondent No. 2 a daughter namely, Kanwarjit Kaur was born in the year 1943, who is married to Dr. G. S. Kochhar and the couple has a son named Sandeep. Hardit Singh married another lady with the consent of respondent No. 2 and petitioner No. 1 was born out of the second wedlock in the year 1968. Later on, biological mother of petitioner No. 1 died. The petitioner was being brought up and looked after by Hardit Singh and respondent No. 2 as his parents. The life was going smoothly and petitioner No. 1 never had any feeling that he was not the son of respondent No. 2. Petitioner No. 1 was married to petitioner No. 2 on 11-10-1992.

(3.) Petitioner No. 1 purchased house No. 1346, Sector 34-C, Chandigarh through general Power of Attorney dated 2-8-1993 duly registered with the Sub-Registrar, Chandigarh. The property was transferred in the name of his father Hardit Singh, though the house was constructed on the plot by the petitioner out of the income of the joint Hindu family property. Petitioner No. 1 along with his sister's son Sandeep purchased land measuring 12 biswas in Sanwara Pargana Basal, Tehsil Kasauli, District Solan from one Yasghodha Nand on the basis of a General Power of Attorney and agreement to sell (Annexure P-1) was duly executed between Yashodha Nand on one hand and Jasjit Singh (petitioner No. 1) and Sandeep jointly on the other hand. Since the agricultural land was in Hirnachal Pradesh and petitioner No. 1 and Sandeep being nonagriculturists, the same could not be transferred without prior permission of the authorities. It was mentioned in the agreement that after permission was granted, the sale deed would be executed in favour of petitioner. No. 1 and Sandeep, though possession of the said property was handed over to petitioner No. 1 and Sandeep by the vendor.