GIAN KAUR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners pray for grant of anticipatory bail in FIR No.223 dated 25.07.2016 registered under Sections 420, 465, 468, 471, 447, 511 and 120-B IPC at Police Station Navi Baradari, Jalandhar City, District Jalandhar.

(2.) Counsel for the petitioners has submitted that petitioner No.1 is an old lady aged about 80 years and vide agreement to sell dated 03.04.1987, for full and final settlement, she had purchased the disputed property from one Sewa Singh. It is further submitted that the petitioner No.1 is a resident of Madhya Pradesh and belong to a Sikh family and at that time, due to law and order problem, she wanted to settle in Punjab and had purchased the property in dispute. However, later on, when things improved, she decided not to shift to Punjab. It is further submitted that on 11.10.2004, the petitioner filed a civil suit for specific performance based on the aforesaid agreement to sell which was decreed ex parte on 21.11.2006 and, thereafter, the Civil Court in execution of the same got the sale deed executed in her favour on 08.08.2008.

(3.) Counsel for the petitioners has further submitted that the FIR has been registered on 25.07.2016 by one Narinderpal Singh with the allegations that his mother Swaran Kaur is the owner of plot in dispute which she has purchased from one Mahinderpal Singh son of Amarjit Singh through GPA Balwant Singh and its mutation was sanctioned in her favour. It is alleged in the FIR that prior to the mother of the complainant, Mahinderpal Singh was owner of the property and prior to Mahinderpal Singh, petitioner No.1 - Gian Kaur was the owner of the property and the mutation No.8562 dated 28.02.2003 was sanctioned in her favour. It is further alleged in the FIR that the petitioner had executed GPA in favour of one Ashok Kumar who has sold the plot to the aforesaid Mahinderpal Singh vide sale deed dated 11.08.2004. It is further alleged in the FIR that subsequently a civil suit was filed on 11.08.2004, when petitioner No.1 has already sold the plot by way of executing a GPA in favour of Ashok Kumar and, thereafter, he sold the same to Mahinderpal Singh and, hence, the petitioner by filing a civil suit has played fraud with the complainant.