TARSEM KUMAR Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 561 -A of Criminal Procedure Code (here -in -after referred to as the Code) for quashing FIR No.11 of 2000 dt. 11th of July2000, registered with the Police Station Crime Branch, Jammu.

(2.) THE relevant facts for the disposal of this petition are that the complainant -respondent No.3 herein lodged a complaint with the Chief Judicial Magistrate, Jammu, against the petitioner alleging that the petitioner fraudulently sold the land measuring 2 kanals 1 marla comprised in khasra No. 896 min. situated at Gulwade Chak, Tehsil Jammu, to Sobha Ram vide sale deed dt. 23rd of March98, registered on 7th of April98, by producing some other lady before the court and impersonating her as respondent No.3. The said complaint filed by respondent No.3 was sent to respondent No.2 under Section 156(3) of the Code to register an FIR against the petitioner. Respondent No.2 accordingly registered FIR No. 11/2000 against the petitioner under Sections 419, 420, 471, 467 and 468 RPC in which the petitioner was granted bail by the court of 2nd Additional Sessions, Judge, Jammu.

(3.) RESPONDENT No.3 along with her mother and two sisters then filed a civil suit titled Tripta Devi and ors v. Ashwani Kumar and ors in the court of District Judge, Jammu, in which the sale deed made in favour of Sobha Ram was challenged. Ultimately a compromise was entered into between the parties and in view of the said compromise, respondent No.3 along with her sisters withdrew the suit against the petitioner and Sobha Ram.