SARMUKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have tiled this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing the calendar dated 24-6-1995 under Section 145 of the Code submitted by Police Station Moonak (Annexure P. 1) and the order dated 11-7-1995 (Annexure P. 2) passed under Section 145(1) and 146 of the Code, by the Sub Judicial Magistrate, Sunam.

(2.) According to the petitioners, Bharpurinder Singh vide agreement dated April 18, 1990, agreed to sell the land in dispute to the petitioners at the rate of Rs. 54,000/- per acre and received a sum of rupees two lacs as advance/earnest money and in part performance of the agreement delivered the possession of the said land to the petitioners. He agreed to execute the sale deed by 15-6-1990 and the balance sale consideration was to be paid before the Joint Sub-Registrar at the time of the registration of the Sale deed. However, on 15-6-1990, said Bharpurinder Singh further received Rs. 2,50,000/- from the petitioner and agreed to execute the sale deed on or before 31-12-1990 and to receive the balance consideration at the time of registration of the sale deed.

(3.) Hardev Singh (Respondent No. 3) and Gurminder Singh (respondent No. 6) have filed Civil Suit No. 226 of 1990 against Bharpurinder Singh. Balwinder Kaur respondent No. 5, Parminder Singh respondent No. 7 and Malkiat Kaur respondent No. 8 for declaration to the effect that judgement and decree dated 14-2-1983 passed by the Civil Court in Suit No. 15 of 1983 decided on 14-2-1983 titled as Bharpurinder Singh versus Balwant Singh, with regard to the land in suit and the consequent mutation No. 2422 sanctioned on the basis of the said decree in favour of Bharpurinder Singh were null and void and were liable to be set aside and that any mortgage, charge or any other encumbrance created by Bharpurinder Singh on the said property had no effect on the plaintiffs right. They also prayed for permanent injunction for restraining Bharpurinder Singh from alienating/transferring in any way to any person the said land and also claiming joint possession of the said land. As Bharpurinder Singh could not execute the sale deed on account of the interim injunction, he executed a fresh agreement dated 16-3-1991 admitting therein the receipt of Rs. 4,50,000/- as earnest money from the petitioners and agreed to execute sale deed within two months of the vacation of the ad interim injunction. According to the petitioner, Bharpurinder Singh then colluded with the aforesaid persons and suffered a compromise decree on 9-11-1993 whereby the decree dated 14-2-1983 as well as mutation No. 2422 were declared null and void.