HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner seeks quashing of FIR No. 132 dated 6.8.2005 (Annexure P-3) under Section 420 of the Indian Penal Code registered at Police Station Hariana, district Hoshiarpur and all subsequently proceedings arising therefrom.

(2.) BRIEFLY , stated the facts of the case are that petitioner Harpreet Kaur is the wife of Jamiat Singh. On 5.1.2001 Jaimat Singh, being the General Power of Attorney of his son Lakhbir Singh, entered into an agreement to sell on his behalf and on behalf of his son Lakhbir Singh for the sale of land measuring 120 Kanals - 16 Marlas situated in village Bassi Umar Khan, tehsil and district Hoshiarpur, for a consideration of Rs. 3,25,000/- per acre in favour of respondent No. 2 Harjit Kaur wife of Harjinder Singh, resident of Mohal, tehsil and district Jalandhar. The husband of the petitioner also received a sum of Rs. 11 lacs as earnest money. The sale-deed was to be executed and registered on or before 31.1.2002. In pursuance of the agreement to sell dated 5.1.2001 (Annexure P-2), sale-deed with regard to land measuring 103 Kanals - 16 Marlas was executed in the name of Harjinder Singh, husband of respondent No. 2. Meanwhile, Lakhbir Singh died in the month of January, 2003. After the death of Lakhbir Singh, his land was inherited by his mother Harpreet Kaur and his wife Sukhwinder Kaur, being Class-I heirs. Jaimiat Singh got papers prepared for the land measuring 12 Kanals - 19 Marlas in favour of Harjinder Singh, husband of respondent No. 2, and his brother Sucha Singh, but did not get the sale-deed executed inspite of the date fixed as 31.1.2002 for execution of the sale-deed. Moreover, neither the earnest money was adjusted, nor was the sale-deed executed in favour of respondent No. 2 or any other person on her asking. Complainant-respondent No. 2 filed a suit for Specific Performance against the accused persons in the Civil Court at Hoshiarpur. It is further pleaded in the complaint that in the month of January, 2005, complainant came to know that petitioner Harpreet Kaur in connivance with her husband Jamiat Singh has mortgaged the land in question with the Primary Cooperative Agricultural Development Bank Limited, Hoshiarpur (hereinafter referred to as "the Bank") and has, thus defrauded the complainant. Both the accused hatched a criminal conspiracy by not executing the sale-deed in favour of the complainant and by mortgaging the land with the bank.

(3.) IN the reply filed on behalf of respondent No. 1, by Lakhwinder Pal Singh Khera, Deputy Superintendent of Police (R), district Hoshiarpur, it has been stated that challan has already been submitted before the trial Court and the case is fixed for consideration of charge. It is further stated that agreement to sell dated 5.1.2001 (Annexure P-2) executed by Jamiat Singh, was very much in the knowledge of the petitioner. However, with dishonest and mala fide intention and in order to cheat respondent No. 2, petitioner mortgaged the property in favour of the bank despite the fact that the husband of the petitioner had already sold the land of those specific khasra numbers in favour of Sucha Singh on 18.6.2001.