IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-53141 of 2007 Date of decision : 05-02-2009 Sukhdev Singh and another ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Yogesh Goel, Advocate, for the petitioners. Mr. Anter Singh Brar, DAG, Punjab. Mr. Kamaljit Singh, Sr. Advocate with Mr. G.S. Ghuman, Advocate, KANWALJIT SINGH AHLUWALIA, J. (Oral) Present petition has been filed u/s 482 Cr.P.C. seeking quashing of FIR No.35 dated 5-8-2007 registered at Police Station, Hambran, Distt. Ludhiana u/s 420/467/468/471 IPC. The FIR in the present case was lodged by Karam Singh. In the FIR, it has been stated that his brother Sukhdev Singh had agreed to sell his land measuring 2.50 acres, the detail and description of which has been given in the FIR vide agreement to sell dated 27-2-1992 at the rate of Rs.50,000/- per acre and Rs.28,000/- was received as earnest money. Agreement to sell was executed on the stamp paper of Rs.3/-. Agreement was signed by both prospective seller and prospective buyer and it was witnessed by Ajit Singh Sarpanch Salempur and Hari Parkash Namberdar Giaspura. This land was in the name of Provincial Govt. Mr. Yogest Goel, Advocate for the petitioners submitted that subsequently, in view of the policy of the Government, this land has been transferred on the name of the petitioner. It was agreed between the parties that sale deed will be executed in favour of complainant Karam Crl. Misc. No.M-53141 of 2007 -2- Singh. According to complainant in 1992, possession was also delivered. The grievance of the complainant is that after 17 years of the execution of agreement to sell, he was forcibly dispossessed from the land. He filed a civil suit in the month of September, 2005 in the Courts at Ludhiana, relying upon agreement to sell dated 27-2-1992. It has been stated that reply was filed by the petitioners to the suit on 19-10-2005. On 23-3-2006, petitioner No.1 executed General Power of Attorney in favour of petitioner No.2 Dharminder Singh Cheema who later on 7-6-2006 sold land measuring 20 Kanal 9 Marla to one Ranjit Singh. Case of the prosecution is that during the pendency of the civil suit, Power of Attorney could not be executed by petitioner No.1 in favour of petitioner No.2 and subsequently sale by petitioner No.2 in favour of Ranjit Singh. It is stated that this amount to offence of cheating, forgery and fraud. The question which is posed in the present petition is "Whether execution of any document i.e. Power of Attorney, sale deed during the pendency of civil suit shall constitute offence of cheating, forgery and fraud or not." It is settled legal position that parties are bound by the principle of lis pendis. During pendency of the suit, if any property is transferred, the document can be got annulled from the Civil Court by executing a document. No offence is made out. Therefore present proceedings initiated against the petitioners are abuse of process and therefore the present FIR along with subsequent proceedings is quashed. At this stage, another argument has been raised that in the present case, the report u/s 173 Cr.P.C. has been submitted. Therefore powers cannot be exercised by this Court u/s 482 Cr.P.C. Crl. Misc. No.M-53141 of 2007 -3- Counsel for the petitioners has relied upon a Single Bench judgment of this Court rendered in Harjinder Kaur and others Vs. State of Punjab, 2004(4) RCR (Criminal), 332 to say that in circumstances like the present case, Court can exercise jurisdiction even a report u/s 173 Cr.P.C. has been submitted. Accordingly, present petition is accepted. (KANWALJIT SINGH AHLUWALIA) 5-2-2009 JUDGE manju