LAWS(P&H)-2019-5-144

SARABJIT SINGH Vs. STATE OF PUNJAB

Decided On May 20, 2019
SARABJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) CRM-16749-2019 Application is allowed. Additional affidavit of respondent No.2 is taken on record. Main case At the outset, it must be noticed that there is growing tendency amongst the people attempting to give the cloak of a criminal offence to the disputes which are essentially civil in nature. In such circumstances, the courts dealing with criminal cases are under an additional responsibility to ensure that proceedings pending before it, are not permitted to be used for settling scores or to pressurise the parties to settle civil disputes. Facts of this case demonstrate one such attempt.

(2.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure for quashing of criminal complaint dated 04.06.2013 (Annexure P-6) under Section 420 of the Indian Penal Code and order of summoning dated 21.04.2016.

(3.) It is undisputed that Jaswinder Kaur wife of Amrik Singh (mother of Mandeep Singh) and Smt. Balwinder Kaur wife of Joginder Singh (mother-in-law of Mandeep Singh) have been transferred the land through a sale-deed with respect to land measuring 62 kanals and 11 marla on 7.11.2012 from Kundan Singh and his sister on payment of Rs.95,00,000/-. It is further claimed by the petitioner that the aforesaid land purchased is from the same khewat.