Punjab-Haryana High Court
Jagmohan Singh And Another vs State Of Punjab And Another on 14 August, 2013
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-29484 of 2010 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-29484 of 2010 (O&M)
Date of Decision: 14.8.2013.
Jagmohan Singh and another ........Petitioners
Vs.
State of Punjab and another ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Ashok Giri, Advocate
for the petitioners.
Mr. Deep Singh, AAG, Punjab.
Mr. K.S.Dhillon, Advocate
for respondent No. 2.
.....
SABINA, J.
Petitioners have filed this petition for quashing of the FIR No. 5 dated 9.7.2009, under Section 420, 120-B of the Indian Penal Code ('IPC' for short), registered at Police Station NRI, Jalandhar (Annexure P-7) and all the subsequent proceedings arising therefrom.
Learned counsel for the petitioners has submitted that petitioner No. 2 is the nephew of respondent No. 2. Respondent No. 2 had executed a power of attorney in favour of petitioner No. 1 and on the basis of the same sale deed in question was executed in favour of petitioner No. 2. Civil suit filed by respondent No. 2 challenging the sale deed in question or in the alternative claiming recovery of the sale consideration was dismissed by the Civil Court and appeal filed by respondent Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-29484 of 2010 (O&M) -2 - No. 2 against the said judgment/decree was dismissed. On two occasions, matter was duly inquired into by the police and the allegations levelled by respondent No. 2 were found to be false. Thereafter, FIR in question had been lodged by the complainant by approaching Police Station Non Resident Indian, Jalandhar.
Learned State counsel as well as learned counsel for respondent No. 2, have opposed the petition.
Learned counsel for respondent No. 2 has submitted that decision given by the Civil Court was not binding in the criminal proceedings.
In the case of State of Haryana vs. Bhajan Lal,, 1992 Supp(1) Supreme Court Cases 335, the Apex Court has held as under:-
"The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482, Cr.P.C. Can be exercised by the High Court either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently chennelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised:-
(1) Where the allegations made in the first information report or the complainant/respondent No.2, even if they are taken at their face value and accepted in their entirety do not prima facie Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-29484 of 2010 (O&M) -3 - constitute any offence or make out a case against the accused.
(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1)of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do no disclose the commission of any offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a Police Officer without an order of Magistrate as contemplated under Section 155(2) of the Code.
(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-29484 of 2010 (O&M) -4 - instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of aggrieved party.
7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice." In the present case, prosecution story, in brief, is that complainant owned land measuring 18 kanals 13 marlas. Complainant was residing in England and had executed a power of attorney qua his property in favour of petitioner No. 1 Jagmohan Singh. Later on the said power of attorney was cancelled on 12.3.2004. Despite cancellation of power of attorney by the complainant, petitioner No.1 executed sale deed dated 18.5.2004 in favour of petitioner No. 2 on the basis of a general Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-29484 of 2010 (O&M) -5 - power of attorney executed in his favour. The said sale consideration had never been paid to the complainant.
Annexure P-9 is the civil suit filed by complainant Swarn Singh Kang against the petitioners and Madan Lal Gupta for declaration that he was owner in possession of the land in question measuring 18 kanals 13 marlas and the sale deed dated 18.5.2004 executed by petitioner No. 1 in favour of petitioner No. 2 be declared null and void. In the alternative suit for recovery of ` 21,70,000/- was filed. The suit filed by respondent No. 2 was dismissed by the Trial Court vide judgment/decree dated 14.10.2010 (Annexure P-9). Undisputedly, appeal filed against the said judgment and decree has been dismissed by the Appellate court. Thus, the complainant in the civil proceedings had failed to establish that the sale deed in question was null and void. Complainant had further failed to establish that he was entitled to a decree for recovery of sale consideration in question along with interest. Since the genuineness of the sale deed could not be shattered in the civil proceedings by the complainant, then the petitioner cannot be criminally prosecuted on the allegations that the sale deed had been executed by petitioner No. 1 in favour of petitioner No. 2 without any authority. Earlier the matter was duly inquired by the police and inquiry reports in this regard have been placed on record as Annexures P-5 and P-6. A perusal of the same reveals that after inquiry, it transpired that the amount in question had been received by the complainant in England from petitioner No. 2. In view of the facts and circumstances of the present case, continuation of criminal proceedings against the petitioners Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh Crl. Misc. No. M-29484 of 2010 (O&M) -6 - would be nothing but an abuse of process of law.
Accordingly, this petition is allowed. FIR No. 5 dated 9.7.2009, under Section 420, 120-B IPC, registered at Police Station NRI, Jalandhar (Annexure P-7) and all the subsequent proceedings arising therefrom, are quashed.
(SABINA) JUDGE August 14, 2013 Gurpreet Singh Gurpreet 2013.08.23 15:14 I attest to the accuracy and integrity of this document chandigarh