IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.33687-M of 2006(O&M) Date of Order: 28.02.2008 Takdeer Singh and another ...Petitioners Versus State of Punjab and others. ..Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K.S.Boparai, Advocate for the petitioners. Mr. A.S.Brar, DAG, Punjab. Mr. Pankaj Bharadwaj, Advocate for respondent No.2. RAJESH BINDAL J. The prayer in the present petition is for quashing of FIR No.361, dated 12.12.2005 registered under Sections 420/120-B IPC at Police Station, Division No.5, Ludhiana. The FIR in question was registered on the complaint of Paramjit Singh Sibia, Retired Wing Commander, Chairman, Improvement Trust, Ludhiana, alleging that one N.R.I. Tejinder Singh Sibia had been cheated by the petitioners by getting the sale deed registered in their favour on account of fraud. The owner of the property namely Tejinder Singh Sibia never executed the sale deeds nor he received the amount of sale consideration. Learned counsel for the petitioners submits that one Power of Attorney was executed by Tejinder Singh Sibia in favour of Jaspal Singh and on the basis of this attorney, two sale deeds were executed in favour of the petitioners on 13.10.2005 and 21.10.2005. The same were challenged on the plea of fraud. After receipt of notice in this Crl. Misc. No.33687-M of 2006(O&M) -2- suit, the matter was taken up with Tejinder Singh Sibia by the petitioners. While coming back to India, Tehinder Singh Sibia cancelled the earlier power of Attorney executed in favour of Jaspal Singh and executed a fresh power of attorney in favour of Inderjit Singh. Tejinder Singh authorized him to make a statement before the civil court at Ludhiana where the suit was pending and to withdraw the suit on the basis of this compromise entered into between the parties. On the basis of compromise, the civil suit titled as Tejinder Singh Sibia v. Takdir Singh and others, for declaration to challenge the above noted two sale deeds was dismissed as withdrawn. With these facts, learned counsel for the petitioners submits that once the dispute regarding the sale deeds has already been settled finally with the vender of the land and the complainant in the FIR namely Parmjit Singh Sibia having no connection whatsoever in the dispute, continuance thereof is nothing else but abuse of process of law. The above facts are not disputed by the respondents. Keeping in view the above facts, where on the statement of the vender of the property to the petitioners, even the civil suit filed by him challenging the sale deeds, has already been withdrawn, in case, the proceedings in the present FIR are permitted to continue, the same will certainly amount to abuse of process of law and unnecessary harassment to the petitioners. Accordingly, the present FIR and the subsequent proceedings arising out of the above said FIR are quashed. The petition is disposed of. February 28, 2008 (RAJESH BINDAL) nt JUDGE