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Paramjit Kaur And Ors vs State Of Punjab & Another on 10 July, 2018

CRM-M-21149-2015 -1-

IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
Crl. Misc. No. M-21149 of 2015 (OM)
Date of decision: July 10, 2018

Paramjit Kaur and another
….. Petitioners

Versus

State of Punjab and another
….. Respondents

CORAM: HON’BLE MR. JUSTICE SURINDER GUPTA

Present: Mr. Bhoop Singh, Advocate
for the petitioners.

Mr. Sandeep Kumar, D.A.G. Punjab.

Mr. Naveen Batra, Advocate
for respondent No.2.

SURINDER GUPTA, J.(Oral)

The petitioners have filed this petition under Section 482 Code

of Criminal Procedure (for short, ‘Cr.P.C.’) seeking quashing of FIR No.22

dated 11.03.2015 (Annexure P-1), registered for offences punishable under

Sections 406, 420 read with Section 120-B of Indian Penal Code (for short

‘IPC’) at Police Station Haibowal, Ludhiana, along with all consequential

proceedings arising therefrom.

Instant FIR was registered on the complaint by Kuldip Singh,

respondent No.2, wherein he has stated that plot No.5 measuring 125 square

yards situated in village Threekay, Abadi Sunder Nagar, Tehsil and District

Ludhiana was owned by one Karnail Singh son of Surinder Singh, who sold

the same vide sale deed dated 22.06.1988 to petitioner No.1 Paramjit Kaur.

She sold this plot to her real brother Balwinder Singh vide sale deed dated

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24.01.1992 and Balwinder Singh sold this plot to complainant and his

family members namely Surinder Kaur, Gurmeet Singh and Baljinder Singh

vide sale deed dated 23.07.2010 and mutation No.18839 of the said plot was

entered and sanctioned in the name of complainant and his family members.

When the complainant and his family members were raising construction

over the plot, petitioner No.1 Paramjit Kaur started making interference in

their possession, as a result of which, they have to file a civil suit for

permanent injunction, which was decreed vide judgment and decree dated

21.07.2011 by the Court of Civil Judge (Junior Division), Ludhiana. The

complainant received summons in a civil suit titled Supinder Singh Vs.

Balwinder Singh and others filed by petitioner No.2, wherein he has alleged

that disputed plot was transferred to him by his mother by way of transfer

deed dated 12.06.2009. He alleged the sale deed dated 24.01.1992 executed

by his mother in favour of Balwinder Singh as forged document. Petitioner

No.1 had in fact taken the benefit of entry in revenue record, where the

property despite selling the same to Balwinder Singh, was recorded in her

name. Taking advantage of this entry, she fabricated transfer deed dated

12.06.2009. She was aware of the sale of this plot to her brother Balwinder

Singh and had alleged in her petition filed under Section 125 Cr.P.C. in the

year 2002 that she did not own any immovable property. The above transfer

deed was executed to grab the property of the complainant by way of fraud

and forgery.

The police registered the complaint for offences punishable

under Sections 406, 420 read with Section 120-B IPC and after

investigation, presented the challan against the petitioners.

The facts which emerge on perusal of the complaint are
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enumerated as follows:-

(i) Plot in question was owned by Karnail Singh, who sold the

same to Paramjit Kaur, petitioner No.1 vide sale deed dated 22.06.1988.

(ii) Paramjit Kaur sold this plot to her brother Balwinder Singh

vide sale deed dated 24.01.1992.

(iii) Paramjit Kaur transferred the plot in question vide transfer deed

dated 12.06.2009 to her son Supinder Singh, petitioner No.2.

(iv) Complainant Kuldip Singh and his family members purchased

the plot in question from Balwinder Singh vide sale deed dated 23.07.2010.

(v) Kuldip Singh and others filed civil suit against Paramjit Kaur to

restrain her from interfering in their possession in the plot in question,

which was decreed.

At the very outset, this fact has been conceded by learned

counsel for the complainant that offence punishable under Section 406 IPC

is not made out from perusal of the complaint. The question, which arise

for consideration is, as to whether offence under Section 420 IPC is made

out, even if, all the allegations as mentioned in the complaint are taken on

its face value.

Section 415 IPC defines cheating as follows:-

“415. Cheating.–Whoever, by deceiving any person,
fraudulently or dishonestly induces the person so
deceived to deliver any property to any person, or to
consent that any person shall retain any property, or
intentionally induces the person so deceived to do or
omit to do anything which he would not do or omit if he
were not so deceived, and which act or omission causes
or is likely to cause damage or harm to that person in
body, mind, reputation or property, is said to “cheat”.

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Explanation.–A dishonest concealment of facts is a
deception within the meaning of this section.”

Following ingredients are required to make out the offence of

cheating:-

(i) Deception of a person;

(ii) fraudulent or dishonest inducement of that person;

(ii) delivery of any property to any person.

Section 420 IPC prescribes punishment for cheating and

dishonestly inducing delivery of property, which reads as follows:-

“420. Cheating and dishonestly inducing delivery of
property.–Whoever cheats and thereby dishonestly
induces the person deceived to deliver any property to
any person, or to make, alter or destroy the whole or any
part of a valuable security, or anything which is signed
or sealed, and which is capable of being converted into a
valuable security, shall be punished with imprisonment
of either description for a term which may extend to
seven years, and shall also be liable to fine.”

The basic ingredient to make out offence punishable under

Section 420 IPC is deception of any person. In this case, complainant had

no dealing with the petitioners. The allegation in the FIR that transfer deed

dated 12.06.2009 was executed by petitioner No.1 in connivance with

petitioner No.2 under a criminal conspiracy to grab the property of

complainant by way of fraud and forgery, have no basis as the transfer deed

was executed much prior to the execution of sale deed by Balwinder Singh

on 23.07.2010 in favour of complainant and his family members. Execution

of release deed by petitioner No.1, in no manner, cheats the complainant

or vendee of sale deed dated 23.07.2010 as this release deed, in no

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manner, effect their right. The vendees of this sale deed have purchased the

property from rightful owner and as alleged by learned counsel for

respondent No.2, right and title of vendees of sale deed dated 23.07.2010,

has been recognized by the civil Court. These documents, as such, cannot be

taken as executed to grab the property of the complainant. The ingredients

to attract the offence under Section 415 punishable under Section 420 IPC

are not made out from the allegations as levelled by the complainant. It

appears that respondent No.2 has tried to settle his civil dispute by filing the

complaint before the police and the Investigating Officer without looking

into the aspect as to whether the complainant has been cheated, has

presented the challan in Court, which is sheer misuse of the process of

Court.

In view of my above discussion, I have no other option except

to allow the petition and quash impugned FIR No.22 dated 11.03.2015

(Annexure P-1), registered for offences punishable under Sections 406, 420

read with Section 120-B IPC at Police Station Haibowal, Ludhiana, along

with all consequential proceedings arising therefrom.

Ordered accordingly.

July 10, 2018 (SURINDER GUPTA)
Sachin M. JUDGE

Whether speaking/reasoned: Yes/No

Whether Reportable: Yes/No

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