BACHAN SINGH AND OTHERS Vs. KASHMIR SINGH

JUDGEMENT

(1.) Vide this order, above mentioned three petitions would be disposed of as the petitioners have sought quashing of complaint No. 289/2008/ RBT 301/2008 dated 14.6.2008 under Section 420, 120-B of the Indian Penal Code, 1860 ('IPC' for short) and the summoning order dated 5.2.2010.

(2.) Case of the complainant, as per the impugned complaint, in brief, is that Bachan Singh accused had got the land in question from his father Dalip Singh and Dalip Singh had inherited the same from his father. Complainant had got share in the property by birth. Bachan Singh accused mortgaged some part of the property in the year 1990 and the same was got redeemed by the complainant and his brother after payment of the mortgage amount. Bachan Singh accused had threatened to alienate the land and the complainant had filed a civil suit which was pending. Complainant was the owner in possession of the land in question to the extent of his share and had sown wheat crop in April, 2008. However, the said crop was forcibly harvested by accused Bachan Singh. Accused Bachan Singh, in order to grab the share of the complainant and cause loss to him, in connivance with accused Swaranjit Kaur and Jagbir Singh, had sold 12 kanals 10 marlas of land to Swaranjit Kaur vide sale deed dated 5.5.2008 and had further sold 01 kanal 08 marlas of land to Swaranjit Kaur vide sale deed dated 5.5.2008. In the said sale deeds, Jagbir Singh had signed the sale deeds on behalf of the vendees. Murta Singh, Sulakhan Singh, Paramjit Kaur and Kashmir Kaur had signed the sale deeds as attesting witnesses.

(3.) In order to prove his case, complainant led his preliminary evidence.