- (1.) Prayer in this petition is for quashing of the FIR No. 104, dated 13.5.2005, under Sections 420, 467, 468, 471 and 120-B, IPC, registered at Police Station, Civil Lines, Amritsar, and the consequential proceedings arising therefrom.
(2.) The brief facts of the case are that respondent No. 2- complainant, Gurmej Kaur, presented an application before the police alleging that she was 1/4th share holder in the total land measuring 553 Kanals and 3 Marlas, situated in village Saidupura, Tehsil Ajnala. There was a dispute between the co-sharers on account of a share owned by respondent No. 2-complainant. Petitioner No. 1, Lakhwinder Singh, told respondent No. 2- complainant that if she would transfer a piece of land in his name, then he (Lakhwinder Singh) would get her land released. Respondent No. 2-complainant transferred 7 acres of land on 25.1.1991, in favour of petitioner Nos. 1, 2 and 3, namely, Lakhwinder Singh, Gurmail Singh and Gurdeep Singh. On 6.10.1998, she along with petitioner Nos. 1, 2 and 3, filed a joint petition against the other co-sharers, for partition of the land. For pursuing that case, respondent No. 2-complainant and petitioner No. 1, Lakhwinder Singh, used to go together to attend the court proceedings. Petitioner No. 1, Lakhwinder Singh, was educated while respondent No. 2-complainant was an illiterate lady. She was posing complete faith in petitioner No. 1. Taking advantage of her illiteracy, petitioner No. 1 obtained her thumb impressions on several blank papers and stamp papers on the pretext that those papers were required for pursuing the case. Petitioner No. 1, Lakhwinder Singh, colluded with the remaining accused and got prepared a General Power of Attorney on the blank papers on which the thumb impressions of respondent No. 2-complainant were earlier obtained. The said General Power of Attorney was allegedly shown to be scribed by Sukhwinder Singh, a Deed Writer of Ajnala. A wrong photograph was affixed on the said document. Petitioner No. 1, in connivance with his co-accused got attested the forged General Power of Attorney from the Sub Registrar, Amritsar, on 8.2.1999, in spite of the fact that respondent No. 2-complainant did not appear before the Sub Registrar, Amritsar. The Sub Registrar, Amritsar, had no jurisdiction to attest the General Power of Attorney pertaining to the land situated in the area of Tehsil, Ajnala. On the basis of the above said forged General Power of Attorney, petitioner No. 1 executed a registered sale deed, dated 13.8.1999, in favour of his wife Kulwant Kaur, petitioner No. 4, without any consideration. Another sale deed, dated 13.8.1999, was got executed by petitioner No. 1, Lakhwinder Singh, in favour of his real brother, Gurmail Singh, petitioner No. 2. The aforementioned sale deeds were allegedly scribed by Giani Uttam Singh, Deed Writer of Ajnala, whereas he had left the said job 10-12 years ago due to his old age. Sukhbir Singh and Mohkam Singh, petitioner Nos. 5 and 6, were the attesting witnesses to the said sale deeds. Respondent No. 2-complainant, came to know about all the misdeeds of petitioner No. 1 and his other co-accused from the Patwari Halqa and made a complaint to the police, on the basis of which the impugned FIR was registered. Eventually, a report under Section 173, Cr.P.C., was prepared and a charge sheet was filed for the prosecution of the petitioners.
(3.) Learned counsel for the petitioners submitted that the impugned FIR was registered on 13.5.2005, while the charge sheet was filed after a delay of 6-7 years. She further submitted that the civil dispute has been given the colour of a criminal case and, as such, the pendency of the FIR and the consequential proceedings arising therefrom are abuse of the process of law and the same are liable to be quashed.;