Crl. Misc. No.M-23472 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No.M-23472 of 2009 Date of Decision: 28.01.2011 Gurdial Singh son of Labh Singh ....Petitioner Versus State of Punjab and another ...Respondent CORAM : Hon'ble Ms. Justice Nirmaljit Kaur Present:- Mr. M.S. Sidhu, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G., Punjab for the respondent-State. ***** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? ** NIRMALJIT KAUR, J. This is a petition under Section 482 Cr.P.C for quashing of FIR No.66 dated 11.05.2006 under Sections 420, 465, 467, 468 and 120-B IPC registered at Police Station Zira against the petitioner and others and consequent proceedings arising therefrom. The facts, in short, as stated in the petition by learned counsel for the petitioner are that the present petitioner Gurdial Singh and his father Labh Singh obtained agricultural loan to the tune of ` 2,00,000/- from Bank of India, having its Branch at Village Kassoana, Tehsil Zira, District Ferozepur for purchase of a Tractor in the year 1998. The petitioner and his father Labh Singh had jointly mortgaged their respective land measuring 48 Kanals in all in favour of said Bank by executing a Simple Mortgage Deed dated 16.10.1998 which was registered in the office of Sub Registrar, Zira on 16.10.1998 vide Wasika no.2484. As per the said Mortgage Deed, the father of the petitioner, namely, Labh Singh had Crl. Misc. No.M-23472 of 2009 2 mortgaged his land measuring 40 Kanals comprised of Rect. No.90, Killa no.17(8-0), Rect. No.37, Killa no.1(8-0), 19(8-0), 21(8-0), Rect. No.38, Killa No.25(8-0), whereas, the petitioner mortgaged his land measuring 8 Kanals comprised of Rect No.54, Killa no.4(5-16), 5/1 Min (2-4), situated in Village Behak Gujjran, Tehsil Zira, District Ferozepur. Out of love and affection and feeling satisfied with the services rendered by the petitioner and other sons of Labh Singh, the father of petitioner, namely, Labh Singh transferred the ownership right of his land measuring 38 Kanals 14 Marlas in favour of petitioner, Gurdev Singh, Gurmail Singh and Hardial Singh being real sons by executing a Transfer Deed dated 21.10.2004 registered in the office of Sub Registrar, Zira vide Wasika no.3160 dated 21.10.2004. Out of the said land, land measuring 32 Kanals comprising of Rect No.90, Killa No.17(8-0), Rect. No.37, Killa no.1(8-0), 19(8-0), 21(8-0) was already lying mortgaged with the aforesaid Bank at the time of execution of Transfer Deed by Labh Singh. Bank of India through its Branch Manager got a case registered against Labh Singh, Transferor of the aforesaid land, as well as, against Transferees of the land including the present petitioner vide FIR No.66 dated 11.05.2006 under Sections 420, 465, 467, 468 and 120-B IPC at Police Station Zira. Learned counsel for the petitioner while praying for quashing of the FIR stated that no offence has been committed either by the petitioner or any other person, who is party to the Transfer Deed. There is no bar under any law to alienate land or any other property by its owner, which has been mortgaged by him for creation of a charge over the property. It is further contended that the entire amount of loan stands paid. Reply has been filed by the State. Respondent no.2- complainant/Bank was duly served. However, in spite of service, no one Crl. Misc. No.M-23472 of 2009 3 has appeared on behalf of the respondent-complainant to contest the present petition. Para 5 of the petition reads as under :- “ That the entire loan amount along with interest has been paid by the borrowers Labh Singh and the present petitioner to respondent No.2-Bank and the Bank has issued a Certificate dated 01.06.2007 for termination of lien over the property.” The said fact is neither disputed by the State nor has the Bank come forward to contest. As such, the contents of para No.5 are admitted. Meaning thereby, the amount of loan already stands paid. Even otherwise, the Transfer Deed was executed by the father of the petitioner in favour of his sons out of natural love and affection, whereby, no consideration took place between the parties. The transaction, in question, had not effected any right or mortgagee/Bank as the charge on mortgaged land was to remain intact even on transfer of said property. In view of the above, no offence under Sections 420, 465, 467, 468 and 120-B IPC can be said to be made out against the present petitioner. There is no mens rea to cheat the Bank. Other offences are not made out. Therefore, no useful purpose would be served by allowing the proceedings to continue which, if allowed, will amount to misuse of process of law. In view of the above, it is a fit case requiring this Court to exercise powers under Section 482 Cr.P.C. Accordingly, the present petition is allowed and FIR No.66 dated 11.05.2006 under Sections 420, 465, 467, 468 and 120-B IPC registered at Police Station Zira and consequent proceedings arising therefrom are hereby quashed qua the present petitioner only. (NIRMALJIT KAUR) 28.01.2011 JUDGE gurpreet