DALBIR SINGH Vs. PARAMJEET KAUR AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for quashing of order dated 19.07.2013 (Annexure P-7), passed by the trial Court, vide which, the complaint filed by the petitioner was dismissed; as well as for quashing of order dated 21.04.2015 (Annexure P-8), vide which, the revision filed by the petitioner against the aforesaid order was dismissed by the Additional Sessions Judge, Fatehabad.

(2.) Brief facts, as set up by the petitioner in the complaint, are that the father of the petitioner/complainant, namely late Baljeet Singh, got married to one Paramjeet Kaur (respondent No. 1 herein) who stayed in the matrimonial home for few years and three children were born out of the said wedlock i.e. Dalbir Singh (petitioner herein), Balwinder Singh (since deceased) and Kulwinder Kaur. It is further stated that in the year 1998, Paramjeet Kaur left the matrimonial home and never returned back and all the three children were brought up by Baljeet Singh. In 2004, the brother of the petitioner, namely Balwinder Singh, had purchased a property measuring 1 Kanal 19 Marlas along with other family members and share of Balwinder Singh in the said property was to the extent of 6 Marlas. It is further stated that on 29.03.2011, Balwinder Singh died and thereafter, respondent No. 1, mother of the petitioner, submitted an application dated 26.07.2012 impersonating herself as mother of Balwinder Singh and filed an affidavit that she is the only legal heir of her deceased son Balwinder Singh and his property be transferred in her name. On the basis of the said application, supported by the affidavit, a mutation was sanctioned in favour of respondent No. 1. The petitioner on coming to know this fraud, filed an appeal before the Assistant Collector, Fatehabad and during the pendency of the said appeal, the present complaint was filed with the allegations that respondents have committed the offence punishable under Sections 192, 193, 199, 205, 420, 463, 464, 468,. 469, 470, 471 and 120-B of the IPC.

(3.) Thereafter, the trial Court recorded the preliminary statement of the petitioner/complainant who examined PW-1 Dharam Pal, PW-2 Neelam, PW-3 Narender Singh, PW-4 Manohar Lal, PW-5 Sahi Ram, himself as PW-6 and Inderjeet Singh as PW-7. Petitioner/complainant placed on record documents Ex. P-1 to P-14 as detailed in the impugned orders passed by the courts below.