SURJIT SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for quashing of complaint No.250 dated 15.06.2011 (Annexure P2) as well as the order dated 16.09.2015 (Annexure P5) passed by the trial Court.

(2.) Brief facts of the case are that respondent No.2/complainant has filed a criminal complaint No.250 dated 15.06.2011 (Annexure P2) with the allegations that the complainant and his partner namely Khajinder Singh were approached by the petitioner/accused Surjit Singh, being owner of land measuring 32 kanals 07 marlas situation in village Kala Ghanupur, District Amritsar. It is further stated in the complaint that the petitioner allured the complainant and his partner to purchase the aforesaid property at the rate of Rs.25 lacs per acre and on such inducement, believing that the land of the petitioner is free from all encumbrances and is having a clear title, the complainant and his partner entered into an agreement to sell to purchase the land on 03.05.2005 and paid an amount of Rs.10 lacs as earnest money out of total sale consideration. The stipulated date for execution of the sale deed was fixed as 03.05.2006. It is further stated in the complaint that prior to the aforesaid date, on 10.06.2005, the accused/petitioner in furtherance of his evil intention of cheating the complainant by practicing fraud, further received Rs.25 lacs from the complainant and his partner and passed on the possession of the land measuring 01 acre i.e. 07 kanals 19 marlas in favour of the complainant and his partner by executing a power of attorney and a Will in their favour. The said land was further sold by the complainant party to one Harcharan Singh, for Rs.20 lacs and he is now in possession of the same.

(3.) It is further stated in the complaint that after 01.06.2005, the intention of the petitioner/accused became dishonest and he refused to get the sale deed executed in terms of the agreement to sell dated 03.05.2005. Thereafter, the complainant and his partner filed a suit for possession by way of specific performance, which is pending before the Civil Court. It is also stated in the complaint that later on, the complainant came to know that a suit has been filed by one Jaskarandeep Singh against the petitioner prior to agreement to sell dated 03.05.2005 on the basis of a family settlement. The said Jaskarandeep Singh is son of real brother of the accused. It is further stated in the complaint that Jaskarandeep Singh and Surjit Singh (the present petitioner) had entered into a family settlement and the petitioner consented to keep share out of the aforesaid 33 kanals 07 marlas of land (subject-matter of the agreement to sell dated 03.05.2005) and the remaining share was given to Jaskarandeep Singh.