Punjab-Haryana High Court
Rajwinder Kaur vs State Of Punjab on 4 September, 2023
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2023:PHHC:115900
226 2023:PHHC:115900
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-42723-2023
Date of decision : 04.09.2023
RAJWINDER KAUR ....Petitioner
Versus
STATE OF PUNJAB ...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Dr. Sumati Jund, Advocate
for the petitioner.
Mr. Amit Shukla, AAG, Punjab.
PANKAJ JAIN, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.81 dated 16th of May, 2023 registered for the offences punishable under Sections 406, 420, 120-B of the Indian Penal Code, 1860 at Police Station City Rupnagar, Punjab.
2. Custody Certificate of the petitioner has been produced. The same is taken on record.
3. As per the allegations levelled in the FIR, it has been alleged as under :
"1. That Applicant Gurnaib Singh, S/o Karam Singh isa R/o Village Gursemajra, Tehsil Sri Anandpur Sahib, Distt. Rupnagar. 2. That the Applicant isa police official and is posted at P.S City Rupnagar.
3. That I am having good relation with above mentioned Sikander Singh and his family members and Sikander Singh and his wife have entered into agreement to sell with me regarding their property measuring 01 Kanal 13 Marla, 03 Sarsai situated at Village 1 of 6 ::: Downloaded on - 18-09-2023 07:01:53 ::: Neutral Citation No:=2023:PHHC:115900 CRM-M-42723-2023 2 2023:PHHC:115900 Behrampur, Hadbast No. 219, Tehsil & Distt. Rupnagar along with their house whereby it was agreed that Rajwinder Kaur and Sikander Singh would get the said property registered in my name after paying off their loan in lieu of Rs. 30 Lakhs. This Agreement to sell was entered between me and above mentioned persons in November, 2020, and that time it was oral agreement and they have taken totala 20 lakhs Rupee as earnest money from me, details of which are as under:- 5 lakh Rs. Through Cheque No. 639172 dated 24.11.2020 of SBI Bank, Branch Redcross Rupnagar (a) 9 lakhs Rs. Through RTGS which was done through the account held by my son namely Jaspreet Singh (b) 02 lakh Rs. Cash on 24.11.2020 (c)
04 Lakh Rs. Cash infront of witnesses so in this way I have given them 20 lakhs Rs. as earnest money. Then above mentioned Rajwinder kaur entered into written agreement of sale on 15.03.2021 mentioning receipt of payment and also that the said agreement shall be executed before 15.02.2022 and that after paying of loan the property shall be registered in my name. This agreement was entered into by Rajwinder kaur in front of the witnesses in favour of me.
When this agreement was put into writing then at that time Rajinder Kaur and her husband Sikander Singh have not told me that the said property is mortgaged with bank for how much amount. I trusted them and paid them Rs. 20 lakhs and agreed to buy the land however they have still not paid off their loan and before 15.02.2022 this person came along with their son and daughter to me and said that they need another 10 lakh Rs., In said that I am ready to give the amount. You get the Registry done, but they said that they have not paid off the bank loan till date and then Sikander Singh entered into an Agreement to sell his another property which was under Red Line Area with me in lieu of a 10 Lakh Rs. And sold the same to me for 10 lakh Rs. And inculcated trust me in that they will get agreement to sale executed till 15.02.2022 by fulfilling the terms of said agreement after paying off the loan amount and get in the said registered property in my name but tilla date they have not got it registered in my name. I kept on requesting them regarding 2 of 6 ::: Downloaded on - 18-09-2023 07:01:54 ::: Neutral Citation No:=2023:PHHC:115900 CRM-M-42723-2023 3 2023:PHHC:115900 registry before 15.02.2022 but after that they have not given me property and said that we could not pay the loan today and give us some more time then after considering their request I agree to increase the time and above said Rajwinder kaur effected one more agreement dated 15.02.2022, in which she specified regarding the conditions mentioned in earlier agreement and amount received by them in front of the witnesses and agreed to get it executed till 06.04.2022 but in connivance with each other these persons did not come present on 06.04.2022 to get it executed, I remained present in the office of Registrar Rupnagar on 06.04.2022 from 09:00 A.M to 05:00 P.M in their wait and even got my presence marked but these persons did not come present on the date specified for executing the same. After that I requested them many times to get the agreement to sella executed but they did not effected the same, it is pertinent to mention here that their son & daughter are also involved in this and due to their influence only Rajwinder kaur is refusing to execute the agreement to sell and I have come to know that they have not even paid the instalments of the loan which was taken by them and are defaulters. That the above mentioned persons have kept me in dark and have done this malafide intention of duping money, they have never told me that they are defaulters and paying off the loan instalments and have only told me that the loan is of 5-7 Lakh Rupees, and that the will pay off the same and would get it registered in my name and have been successful in defrauding me they have defrauded me of Rs. 20 lakh in lieu of earnest money and are also threatening me that they will even interfere in n the areea measuring 06 Biswa in Red line which was separately agreed to be sold to me by Sikander Singh. So I request you ton carryout the appropriate legal proceedings against above mentioned persons, they have deliberately and dishonestly defrauded me and are now going against the agreement to sell with deliberately. Legal action may be taken against them and justice may given to me Thanking you. Dated 03.05.2022 Gurnaib Singh, S/o Karam Singh, Village Gursemajra, Tehsil Sri Anandpur Sahib, Distt. Rupnagar. M.B. 9417390377. This application was marked to above mentioned 3 of 6 ::: Downloaded on - 18-09-2023 07:01:54 ::: Neutral Citation No:=2023:PHHC:115900 CRM-M-42723-2023 4 2023:PHHC:115900 incharg E.O Wing. After the enquiry by incharge you again application was sent for seeking comments from SP, Investigation, Rupnagar. Report-after perusing the statement, enquiry report sent by incharge EO wing Rupnagar through SSP Detective Rupnagar it has been found that opposite party Sikander Singh, his wife Rajwinder Kaur in connivance with each other and with intention to defraud Gurnaib Singh, firstly duped Rs. 16 lakhs and then Rs. 04 Lakhs for running their Petrol pump i.e. in total Rs. 20 Lakh anda in lieu of this amount they have entered into an agreement to sell regarding theira residential house situated at village Behrampur, P.S Singh Bhagwantpur (measuring 01 Kanal, 13 Marla, 03 Sirsai) in lieu of Rs. 10 lakhs with the applicant with the promised to get it registered till 15.02.2022 even though the said house already mortgaged with Capital Small finance Bank Ltd. Against Rs. 39,18,755/-. On 15.02.2022 above mentioneda Rajwinder Kaur has got the agreement to sell extended till 06.04.2022 and then Sikander Singh has also received Rs. 10 Lakhs from the Applicant by agreed to sell his house in reda line (measuring 06 Biswa) which was situated at Village Asmanpur. As per agreement to sell, on 06.04.2022 Applicant Gurnaib Singh remain present with remaining amount at Tehsil office Rupnagar for the purpose of getting the property registered in his name. Despite making of repeated requests, opposite party Rajwinder kaur and others did not come present at Tehsildar Office Rupnagar for getting the registry done after whicha Applicant Gurnaib singh got his presence marked at Tehsil Office regarding which his statement and copy of application submitted by him at office of Tehsildar Rupnagar is attached. It has also come during investigation that Sikander Singh has given the possession of his house which was situated in Red line as per agreement to sell to the Applicant but Sikander Singh and others have again taken its possession. Till now opposite party Sikander Singh, Rajwinder kaur has neither given back the amount to Gurnaib Singha nor have they got the agreement to sell executed. During investigation at present no role has been found of Gurpreet Singh S/o Sikander Singh, R/o Village Asmanpur, P.S Singh 4 of 6 ::: Downloaded on - 18-09-2023 07:01:54 ::: Neutral Citation No:=2023:PHHC:115900 CRM-M-42723-2023 5 2023:PHHC:115900 Bhagwantpur, Distt. Rupnagar. Opposite party Sikander Singh, Rajwinder Kaur in connivance with each other have been frauded the applicant of Rs. 30 lakhs by entering into agreement to sell with the applicant regarding their house which has already been mortgaged with the bank for Rs. 39,18,755/- if during investigation role of some other person comes out then appropriate legal action would be taken against them. So if Report is accepted then SHO City rupnagar be ordered to register FIR u/s 406, 420, 120-B IPC. Report is submitted. Manvindervir Singh SP (Investigation), Rupnagar. After which respected SSP directed SHO City Ropar to register FIR and investigate Sd/- Viveksheel Soni, SSP Rupnagar. Complaint/Order received and FIR U/s 406, 420, 120-B IPC against Sikander Singh S/o Mahender Singh, Rajwinder kaur w/o sikander Singh R/o Village Asmanpur, P.S Singh Bhagwantpur, Tehsil & Distt. Rupnagar was registered.xxx"
4. Counsel for the petitioner submits that even if the contents of the FIR are taken to be on their face value the same would constitute breach of contract for which the complainant has already availed his civil remedy by filing Suit for Specific Performance. So far as the present FIR is concerned the same has been got registered only to arm twist the petitioner.
More so when the complainant himself is a police official and the petitioner is a homemaker. Petitioner is behind bars since 25th of May, 2023. Not only the Challan has been presented but the material witnesses including the complainant and complainant's son stand partly examined. Its a Magisterial trial and the custody of the petitioner cannot be allowed to be prolonged as punitive measure.
5. State Counsel does not dispute the aforesaid factual assertions
5 of 6 ::: Downloaded on - 18-09-2023 07:01:54 ::: Neutral Citation No:=2023:PHHC:115900 CRM-M-42723-2023 6 2023:PHHC:115900 made by counsel for the petitioner based on record.
6. I have heard counsel for the parties and have gone through records of the case.
7. Without commenting on the merits of the case, keeping in view the incarceration already suffered by the petitioner and the allegations levelled against the petitioner, the present petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail bonds/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned.
8. Needless to say that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.
September 04, 2023 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:115900
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