Criminal Misc. No. M-38896 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-38896 of 2007 (O&M) Date of decision: 16.9.2009 Gurmail Kaur and others .. Petitioners v. State of Punjab and another .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. L. S. Sidhu, Advocate for the petitioners. Mr. Mehardeep Singh, Deputy Advocate General, Punjab for respondent No. 1. Mr. Vipul Aggarwal, Advocate for respondent No. 2. .. Rajesh Bindal J. Prayer in the present petition is for quashing of FIR No. 231 dated 11.8.2006, registered at Police Station, Sadar Ferozepur, under Sections 420 and 120-B IPC and all subsequent proceedings arising therefrom. The dispute in the present petition relates to the property of Puran Singh, since deceased. Petitioners No. 1 and 2 are his daughters and petitioners No. 3 and 4 are husbands of petitioners No. 1 and 2 respectively. Respondent No. 2-complainant is grand son of deceased Puran Singh, i.e., son of Beant Singh son of Puran Singh. The FIR was registered against the petitioners with the allegations that the petitioners in connivance with each other had got registered transfer-deed from deceased Puran Singh in favour of his wife Jagir Kaur on 1.5.2006 regarding land measuring 31 kanals 2 marlas, situated in village Bhamba Wala @ Landa, Tehsil and District Ferozepur. It is pointed out that Gurcharan Singh-petitioner No. 3 was the eye-witness to the transfer deed got executed form Puran Singh. The aforesaid land was transferred by Jagir Kaur widow of Puran Singh in favour of her son Beant Singh vide transfer deed dated 10.8.2006. Thereafter, the present FIR was registered against the petitioners. It was alleged that in fact deceased- Puran Singh was taken by them to tehsil for execution of certain documents for pension, however, under the garb of that, the transfer deed was got executed. Criminal Misc. No. M-38896 of 2007 [2] Otherwise, Puran Singh had executed a registered will of the property in favour of respondent No. 2-complainant his grand son. It is stated that Puran Singh was not keeping good health and was of unsound mind. Learned counsel for the petitioner submitted that the FIR in question was registered on 11.8.2006 when a civil suit filed by the complainant as next friend and guardian of Puran Singh on 1.6.2006 was already pending. He further submitted that the earlier suit filed by Puran Singh on 12.5.2006 for the same relief was dismissed as withdrawn without any permission to file a fresh one and the factum of filing of earlier suit was not even mentioned by respondent No. 2 in the subsequent suit. As per registered will, it is stated that 1.5 acres of land was to come to respondent No. 2-complainant, 1.5 acres to Beant Singh, father of the complainant (son of Puran Singh) and rest of the land was to go to Jagir Kaur widow of late Puran Singh. After registration of the FIR on 11.8.2006, Beant Singh had already transferred the land in favour of respondent No. 2-complainant to the extent of his entitlement as per the will. The dispute is within the family itself. As the claim of respondent No. 2-complainant has already been settled in terms of the will and earlier also the property was transferred by Puran Singh in favour of his wife, no mala fide can be attached and the FIR in question deserves to be quashed. On the other hand, learned counsel for the respondents submitted that a clear cut case of cheating is made out against the petitioners as they had tried to usurp the property of Puran Singh by fraudulent means. However, the fact that the parties were blood relatives and Beant Singh had already transferred the land in favour of respondent No. 2-complainant to the extent of his share as per the will is also not disputed. Heard learned counsel for the parties and perused the relevant record. The facts, as mentioned above, regarding the execution of transfer deed by Puran Singh in favour of his wife- Jagir Kaur and consequently by Jagir Kaur in favour of her son-Beant Singh, who is father of respondent No. 2- complainant, are not disputed. It is also not in dispute that as per the will, the property of deceased-Puran Singh was to be shared by respondent No. 2- complainant, his father, i.e., son of Beant Singh and Jagir Kaur wife of Puran Singh. It is also not in dispute that the civil suit filed by Puran Singh on 12.5.2006 challenging the transfer of land in favour of his wife was dismissed as withdrawn and a subsequent suit filed by respondent No. 2-complainant as next friend and guardian of Puran Singh on 1.6.2006 challenging the transfer of land was already pending, when on 11.8.2006, the FIR in question was registered. It is also not in Criminal Misc. No. M-38896 of 2007 [3] dispute that the parties are blood relatives and that after the registration of the FIR, the share of land which was to go in favour of respondent No. 2-complainant as per the will executed by Puran Singh was already transferred in his favour by his father-Beant Singh in whose favour the land was transferred by the grand mother of respondent No. 2-complainant. Considering the aforesaid facts and also that no portion of land was initially transferred in favour of the petitioners at any point of time and also that the parties to the dispute are blood relatives, respondent No. 2-complainant having received his share as per the will and civil litigation regarding the property being already pending, I find this to be a fit case for quashing the FIR and all subsequent proceedings thereto, as the same will not only result in causing undue harassment to the petitioners but also spoil their relations. Accordingly, FIR No. 231 dated 11.8.2006, registered at Police Station, Sadar Ferozepur, under Sections 420 and 120-B IPC and all subsequent proceedings arising therefrom are quashed. The petition stands disposed of. (Rajesh Bindal) Judge 16.9.2009 mk