HARBANS SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973, relates to quashment of complaint filed by Mohinder Singh respondent against the present petitioners, as well as consequent proceedings pending in the Court of Judicial Magistrate 1st Class, Ludhiana, including the order dated July 27, 1988, summoning the present petitioners as accused under Sections 465/431 of the Indian Penal Code.

(2.) In brief facts relevant for the disposal of this petition as per allegations in complaint, are that present petitioners with the intention of playing fraud and with the object of obstructing and capturing 10 feet wide street and in order to cause loss, and, to create hindrance concerning the user of the path leading to the house of the complainant on its western side, got false sale-deed executed on October 29, 1985 and subsequently got it registered on October 30, 1985 and also prepared false site plan attached to the sale-deed, relating to the aforesaid street.

(3.) Admittedly, on the basis of the sale-deed and with intent to defraud, Gurdip Singh-petitioner, filed a civil suit against the Municipal Corporation and the present complainant, which is stated to be pending. Similarly, the said sale-deed along with the site plan has been relied upon in the written statement filed by the petitioners in the suit filed by the present complainant against Harbans Singh and others. Injunction was granted in favour of the complainant by the civil Court, which has been violated by the petitioners. The petitioners are also said to have committed offences under Sections 420, 423 and 464 of the Indian Penal Code by forging the sale-deed and the site plan in question in favour of Gurdip Singh-petitioner regarding transfer of public street, in order to cause harm to the complainant.